07-09-2015, 05:46 PM
First, I am seeing the term accident used here. A little over a decade ago, Virginia stopped (or tried to stop) officially using the term accident for an MVC. The reasoning is that an accident is something that cannot be avoided, and this incident certainly could have been avoided. Just saying I don't think the term accident is appropriate in this scenario.
Second, she broke the law by not maintaining the appropriate distance. Period. Everyone can say how much everyone does it, and I know, because I'm one of those that does their best to actually maintain a proper distance and notice how dangerous people like to drive on I-81. These laws and other guidelines exist to keep us safer on the roads, and not adhering to them causes these collisions and people can die from them. Because you are not operating your vehicle safely, because that's what those laws and guidelines are there for, not some arbitrary asshattery, you should be liable if something happens.
Lastly, it is my understanding that vehicular manslaughter/homicide is a charge when someone is criminally negligent. Most definitions you can come across for this involve things like carelessness or failure to use reasonable care. That is the case when people causes collisions because of their neglect (another word used in some of the definitions) the laws and guidelines. So, to me, it is absolutely a case, according to the way these things are defined, or criminal negligence and thus vehicular homicide.
Second, she broke the law by not maintaining the appropriate distance. Period. Everyone can say how much everyone does it, and I know, because I'm one of those that does their best to actually maintain a proper distance and notice how dangerous people like to drive on I-81. These laws and other guidelines exist to keep us safer on the roads, and not adhering to them causes these collisions and people can die from them. Because you are not operating your vehicle safely, because that's what those laws and guidelines are there for, not some arbitrary asshattery, you should be liable if something happens.
Lastly, it is my understanding that vehicular manslaughter/homicide is a charge when someone is criminally negligent. Most definitions you can come across for this involve things like carelessness or failure to use reasonable care. That is the case when people causes collisions because of their neglect (another word used in some of the definitions) the laws and guidelines. So, to me, it is absolutely a case, according to the way these things are defined, or criminal negligence and thus vehicular homicide.