Life is Cheap
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Road Master
Joined: Dec 2006
Posts: 1,236
Likes: 7
From: Bellingham, WA
Life is Cheap
When are we going to toughen the law??? Another rider dies.
http://www.bellinghamherald.com/late...ry/622697.html
http://www.bellinghamherald.com/late...ry/622697.html
Cruiser
Joined: Sep 2008
Posts: 135
Likes: 0
From: Jersey Shore
Excuse my ignorance but why isn't that vehicular manslaughter?
If it were two cars and the failure of car A yielding to car B resulted in driver of car B dying, wouldn't driver of car A be charged with vehicular manslaughter?
My thoughts and prayers are with his family...
If it were two cars and the failure of car A yielding to car B resulted in driver of car B dying, wouldn't driver of car A be charged with vehicular manslaughter?
My thoughts and prayers are with his family...
Outstanding HDF Member
Joined: Nov 2007
Posts: 2,289
Likes: 22
From: Beautiful Downtown Burbank
You need to prove negligence on the part of operator "A" before manslaughter comes into play. Otherwise, its just a friggin accident. It sux, but I doubt the law will ever change
Tourer
Joined: May 2008
Posts: 337
Likes: 0
From: Columbus, Ohio
My heart does out to the family.
Elite HDF Member
Joined: Sep 2008
Posts: 3,929
Likes: 1
From: Grayland, WA.
Our prayers to the family and friends. I would think the driver of the truck would recieve more than a $175.00 ticket. I don't think we've heard the end of this. I'm not sure what to think. An accident is an accident but when a life is taken, whether alchohol or drugs were involved or not, is still some form of manslaughter. It didn't even sound like the driver was cited for negligent driving......God be with the family...
Tourer
Joined: Apr 2008
Posts: 444
Likes: 0
From: Marietta, GA
Quick google search gave me this:
In Washington State, vehicular homicide is considered a Class A Felony. Washington State vehicle code, RCW 46.61.520, provides the penalty for vehicular homicide
Vehicular homicide can be charged if a person dies of their injuries within three years of an accident caused by a driver who was:
Driving under the influence of liquor or any drug or combination thereof. In Washington State, a blood alcohol content (BAC) over 0.08% is considered over the legal limit.
Driving in a reckless manner.
Driving with disregard to safety of others
You could try to convict but I think you would have a tough time considering that probably at least one of the members of the jury would have been in a traffic accident where they turned in front of another driver (no stats here, just my guess) and wouldn't consider their own actions any of the above leading them not to convict. I'm sure a civil suit will come along shortly.
Prayers with the biker and the family.
In Washington State, vehicular homicide is considered a Class A Felony. Washington State vehicle code, RCW 46.61.520, provides the penalty for vehicular homicide
Vehicular homicide can be charged if a person dies of their injuries within three years of an accident caused by a driver who was:
Driving under the influence of liquor or any drug or combination thereof. In Washington State, a blood alcohol content (BAC) over 0.08% is considered over the legal limit.
Driving in a reckless manner.
Driving with disregard to safety of others
You could try to convict but I think you would have a tough time considering that probably at least one of the members of the jury would have been in a traffic accident where they turned in front of another driver (no stats here, just my guess) and wouldn't consider their own actions any of the above leading them not to convict. I'm sure a civil suit will come along shortly.
Prayers with the biker and the family.
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Road Captain
Joined: Nov 2006
Posts: 704
Likes: 0
From: Orlando, FL
What the crap... throw the friggin' book at him, you lazy lawmakers! That is undeniably vehicular manslaughter. By not yielding to the biker the pickup driver was driving with disregard to the safety of others. You can't convince me otherwise.
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Joe Kucinski
Outstanding HDF Member
Joined: May 2008
Posts: 2,009
Likes: 0
From: South Jersey
I'm no lawyer but how is not seeing another vehicle not negligent. What the hell was the operator of vehicle A doing that distracted him from paying attention to the road? If your vision is impaired to the point of not being able to see an oncoming vehicle, there must be some kind of neglect there. Failure to yield sound like he neglected to operate his vehicle in a safe manner which should result in at least another ticket for careless driving! Sorry for the rant!
Road Captain
Joined: Feb 2007
Posts: 684
Likes: 1
From: Colorado
[B]Driving in a reckless manner.
Driving with disregard to safety of others[\b]
Both of these terms are very vague.... sort of like [b]Middle Class[\b] tax cut...
If they were on their cell phone, would it be reckless? or driving with disregard to others?, how about if they were drinking a cup of coffee? eating a sandwich?
Driving with disregard to safety of others[\b]
Both of these terms are very vague.... sort of like [b]Middle Class[\b] tax cut...
If they were on their cell phone, would it be reckless? or driving with disregard to others?, how about if they were drinking a cup of coffee? eating a sandwich?