Quote:
Originally Posted by JamesNoBrakes
Quote:
Originally Posted by och
Can you find a state law that says you have the right to run over a pedestrian crossing outside of crosswalk?
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That's not the way laws work. If the driver creamed a pedestrian and you could prove something else was at work, such as the person was distracted by their phone, then you could likely prove reckless driving, but you'd have to prove that situation beyond a reasonable doubt, which is often a hard thing to prove. In this case, the driver doesn't appear to be at fault, the pedestrian does. That results in no charges against the driver.
This happens semi-regularly in my city (unfortunately). I'm also an investigator and I work with attorneys. If you are going to say there was some sort of wrong-doing on the driver/car's side of things, you gotta prove it. Killing the pedestrian does not prove it.
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The human driver was reportedly looking down, and is on record stating that the first indication of the accident was when the car hit the person. This makes it clear the human safeguard failed. This failure I'd argue directly contributed to this pedestrian death.
What is the point of the mandatory human safeguard if they're not paying attention, and not responsible for failing to do their job?