Should there be criminal penalties when a traffic accident results in a fatality ?

[Lycan]

Re: Should there be criminal penalties when a traffic accident results in a fatality

I'm just tossing it out there Threadkiller
Curious what others have to say and yes it is a wide open discussion which will go nowhere

 

[Schexy1]

Re: Should there be criminal penalties when a traffic accident results in a fatality

Wow another get nowhere thread...this conversation could go on for days and days and days...nothings gonna change all situations are different.

There's my thread killer...

If you keep killing the threads I won't have anything to do at work.

 

[afterhours]

Re: Should there be criminal penalties when a traffic accident results in a fatality

the only way it works is if you completely rule out the idea of "accident".

there is always a reason for the so-called accident. sometimes it is driver error,sometimes it can be mechanical failure...but there is always a reason.

do we want to live in a world like this?

 

[macon454]

Re: Should there be criminal penalties when a traffic accident results in a fatality

My mom was killed while driving an 18 wheeler delivering freight from Springdale to Tulsa, There was another 18 wheeler pulling off of the inside lane (The fast lane) and pulled out in front of her. It was a driver trainee and his instructor. It was a accident and I know that, They was probably talking and wasn't paying good attention, But I am sure they probably check the mirrors and just didnt see her. I have NEVER held a grudge against them and never thought that they should get into any trouble, (Which I think the driver got a ticket) Because it was an ACCIDENT and that is all there was to it. They did not mean to pull out in front of another truck and take a chance of killing there self also. Everyone thought we should sue them and what not, But we didnt because it was an ACCIDENT and they did not mean to do it. That was 11 years ago and I still realize that it was an ACCIDENT and that is all there is to it, The guy probably had enuff problems just knowing that he had killed someone and had to live with that the rest of his life which would be very hard to do. It could have easily went the other way and the driver or instructor could have been killed and it still would have been an ACCIDENT. So ACCIDENT's are going to happen and sometimes we cannot avoid them, (That is why they are called ACCIDENTs) Yes we should all pay more attention, But sometimes we make mistakes because we are human, And know matter how hard we try mistakes do happen. If the person is drunk or on drugs then yes there should be some kind of action, But if it is a simple mistake or totally an ACCIDENT then no because it is going to happen. I hope some of that made sense.

 

[S4L]

Re: Should there be criminal penalties when a traffic accident results in a fatality

My mom was killed while driving an 18 wheeler delivering freight from Springdale to Tulsa, There was another 18 wheeler pulling off of the inside lane (The fast lane) and pulled out in front of her. It was a driver trainee and his instructor. It was a accident and I know that, They was probably talking and wasn't paying good attention, But I am sure they probably check the mirrors and just didnt see her. I have NEVER held a grudge against them and never thought that they should get into any trouble, (Which I think the driver got a ticket) Because it was an ACCIDENT and that is all there was to it. They did not mean to pull out in front of another truck and take a chance of killing there self also. Everyone thought we should sue them and what not, But we didnt because it was an ACCIDENT and they did not mean to do it. That was 11 years ago and I still realize that it was an ACCIDENT and that is all there is to it, The guy probably had enuff problems just knowing that he had killed someone and had to live with that the rest of his life which would be very hard to do. It could have easily went the other way and the driver or instructor could have been killed and it still would have been an ACCIDENT. So ACCIDENT's are going to happen and sometimes we cannot avoid them, (That is why they are called ACCIDENTs) Yes we should all pay more attention, But sometimes we make mistakes because we are human, And know matter how hard we try mistakes do happen. If the person is drunk or on drugs then yes there should be some kind of action, But if it is a simple mistake or totally an ACCIDENT then no because it is going to happen. I hope some of that made sense.

+1 Macon and sorry for your loss

What is the purpose of jail or jail time? What SHOULD be the purpose of jail?
By sending someone to jail or prison (not to mention all of the negative connotations that come with this - i.e. right to vote, job applications) you are quite possibly ruining there life and for what? A legitimate mistake? A moment of negligence? Maybe give them community service, maybe some OTHER form of punishment, but there is no sense in ruining TWO lives over a mistake. Unless it can be proven that this was a willfull act of malice, let it be. Like someone else posted - if the person has half a heart, they will be guilt stricken and probably not make that same mistake again.


If everyone here would dare say that they have not had a moment or two of negligence while driving then I will sit here and say you are a LIER. Accidents happen, let them be. The difference between me, you, or the person involved in an accident is situation and timing. Timing is everything. Lets save prison allotments and tax payer dollars for the REAL criminals.

 

[jellyrug]

Re: Should there be criminal penalties when a traffic accident results in a fatality

Case by case basis....
Your scenario no but turning in front of a biker and killing him I just dont see how they get to go home .

People don't turn in front of a biker on purpose. People who have never been on two wheels simply don't have their brain exercised to look for bikes, they don't see us, period.

How do I know this?

I am also an avid cyclist and if you think they don't see motorcycles, wait until you are on a bicycle!

The last time a lady actually hit my shoulder and kept going till she got a red traffic light. I sprinted, pulled in next to her, banged on her window, she got the scare of her life. She ended up pulling off the road and told me she never saw me, did not even know she hit me. Then the tears started rolling and I ended up giving her a hug and telling her just to be careful, as she can kill someone. At least she was pretty.

 

[SCBQQSTN]

Re: Should there be criminal penalties when a traffic accident results in a fatality

I am with what others said, if it truly was an accident, then charges should not be filed. Crap happens, it happens to good people, it's life. If the driver was receiving oral sex, or was high/drunk, etc... it's an entirely different story. People should have breaks in life. I try to see it from their perspective. What if I accidentally killed someones child (they ran across the street from behind a tree) I would be ****ing in my pants wondering if I would be going to jail for many years. I believe in this concept called forgiveness if it truly was an accident.

 

[S4L]

Re: Should there be criminal penalties when a traffic accident results in a fatality

People don't turn in front of a biker on purpose. People who have never been on two wheels simply don't have their brain exercised to look for bikes, they don't see us, period.

How do I know this?

I am also an avid cyclist and if you think they don't see motorcycles, wait until you are on a bicycle!

The last time a lady actually hit my shoulder and kept going till she got a red traffic light. I sprinted, pulled in next to her, banged on her window, she got the scare of her life. She ended up pulling off the road and told me she never saw me, did not even know she hit me. Then the tears started rolling and I ended up giving her a hug and telling her just to be careful, as she can kill someone. At least she was pretty.

Wow Jelly, that is a horrible strategy to pick up chicks

 

[GsxrBots]

Re: Should there be criminal penalties when a traffic accident results in a fatality

How many of us here have went over to a buds house, had a few beers and headed home? How many of us here have had phone conversations or whatever while driving, and stopped and honestly thought "how the heck did I just get here, I don't remember the last 10 minutes of this drive"?
How about just "zoning" after a hard day of work, or early in the morning? Things happen split second on bikes and in cars. Speed only amplifies the problems. All I know is I honestly believe that everyone is guilty of drunk driving at least once in your life. There is ALWAYS the what if factor, that nobody wants to talk about. If I killed someone in a car accident that was my fault, I would have to live with that for the rest of my life. NO punishment handed down from a judge could possibly be worse than that.. Period.

 

[Rainbow7]

Re: Should there be criminal penalties when a traffic accident results in a fatality

People don't turn in front of a biker on purpose.

You're wrong about that! - I have had women driving Landcruisers look into my eyes and then turn in front of me. I know they did it on purpose.

 

[Blanca BusaLess]

Re: Should there be criminal penalties when a traffic accident results in a fatality

My mom was killed while driving an 18 wheeler delivering freight from Springdale to Tulsa, There was another 18 wheeler pulling off of the inside lane (The fast lane) and pulled out in front of her. It was a driver trainee and his instructor. It was a accident and I know that, They was probably talking and wasn't paying good attention, But I am sure they probably check the mirrors and just didnt see her. I have NEVER held a grudge against them and never thought that they should get into any trouble, (Which I think the driver got a ticket) Because it was an ACCIDENT and that is all there was to it. They did not mean to pull out in front of another truck and take a chance of killing there self also. Everyone thought we should sue them and what not, But we didnt because it was an ACCIDENT and they did not mean to do it. That was 11 years ago and I still realize that it was an ACCIDENT and that is all there is to it, The guy probably had enuff problems just knowing that he had killed someone and had to live with that the rest of his life which would be very hard to do. It could have easily went the other way and the driver or instructor could have been killed and it still would have been an ACCIDENT. So ACCIDENT's are going to happen and sometimes we cannot avoid them, (That is why they are called ACCIDENTs) Yes we should all pay more attention, But sometimes we make mistakes because we are human, And know matter how hard we try mistakes do happen. If the person is drunk or on drugs then yes there should be some kind of action, But if it is a simple mistake or totally an ACCIDENT then no because it is going to happen. I hope some of that made sense.

Macon most sorry for your loss. Thank you for sharing that.
It is a great first hand perspective. Something which I don't have and appreciate very much from you.

 

[UncleSteve]

Re: Should there be criminal penalties when a traffic accident results in a fatality

We are doing our best to educate the public to stop calling traffic collisions "accidents" The state is slowly eliminated the word "accident". Main reason, it puts a trivial spin on the seriousness of the event and carelessness, negligence and outright deliberate acts are described as an "accident". Somehow this word gives the guilty party an excuse and relieves them of responsibility. (in their minds and potential jurors)
FYI - Oklahoma passed a law which punishes any person who fails to yield to a motorcyclist and when the result yields a collision, the minimum penalty and fine is much higher. If my memory serves me it is $1000. This fine money does not go into the usual coffers. Instead it goes to a motorcycle safety revolving fund. The monies can only be used for motorcycle safety and rider education.

 

[UncleSteve]

Re: Should there be criminal penalties when a traffic accident results in a fatality

And to answer all these "what if" situations, ..... it is the job of the district attorney or prosecuting attorney to make the decision.
The DA is the most powerful person in the process. They determine if and what crime a person will be charged. This goes on all the time. They earn their pay when they get the "gray" cases. You also should know district attorneys have a boss. They have to do what they feel is right and society (the voters) will accept.
I can say this, if you are involved in a traffic fatality and are DUI, get ready to do some time in a prison cell. Society comes down hard on drunk drivers. As they should. Talking on a cell phone and you kill someone is becoming the new "DUI". I would not want to test the criminal justice system at this time. People are fed up!

 

[macon454]

Re: Should there be criminal penalties when a traffic accident results in a fatality

+1 Macon and sorry for your loss

What is the purpose of jail or jail time? What SHOULD be the purpose of jail?
By sending someone to jail or prison (not to mention all of the negative connotations that come with this - i.e. right to vote, job applications) you are quite possibly ruining there life and for what? A legitimate mistake? A moment of negligence? Maybe give them community service, maybe some OTHER form of punishment, but there is no sense in ruining TWO lives over a mistake. Unless it can be proven that this was a willfull act of malice, let it be. Like someone else posted - if the person has half a heart, they will be guilt stricken and probably not make that same mistake again.


If everyone here would dare say that they have not had a moment or two of negligence while driving then I will sit here and say you are a LIER. Accidents happen, let them be. The difference between me, you, or the person involved in an accident is situation and timing. Timing is everything. Lets save prison allotments and tax payer dollars for the REAL criminals.

Macon most sorry for your loss. Thank you for sharing that.
It is a great first hand perspective. Something which I don't have and appreciate very much from you.

Thanks yall, Like I say it been along time so its all good, But I just had to give my first hand view on how I felt about it.