It's Not a Bike Accident When a Car Hits a Rider
Quote:
Originally Posted by
altasnob
In Washington, manslaughter requires recklessness, or criminal negligence. Recklessness is driving like a maniac. Think exceptional speeding. Criminal negligence is failure to be aware of a substantial risk that a wrongful act may occur and failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation. Washington also has a lower charge of vehicular assault, which is disregard for the safety of others and causes substantial bodily harm to another.
So if someone is driving the speed limit straight down the road, and swerves briefly a single time just a few inches over the fog line, but, unlucky for them there happens to be a guy walking down the road at that exact spot, does that satisfy any of the above?
These types of cases are difficult to prove. Much easier if drugs and alcohol are involved. Traffic reconstruction experts can try to prove exceptional speed or swerving. They look at the skid marks and plug the measurements into algorithms. Could get a search warrant for the black box like they did for Tiger's recent accident.
I have a friend here who years ago killed two motorcyclist in a collision during a heavy rain storm up in the mountains. He hydroplaned and plowed them over with his car. No drugs or alcohol involved, fully cooperated with the police investigation. He got a $250 traffic ticket for that. And he is not an attorney general (school teacher).
The South Dakota AG will still likely be held liable in civil wrongful death suit. So he still will likely have to pay millions to the deceased family. The fact he plead guilty in a criminal court can be used as evidence he is in the wrong in the civil case.
Did he leave the motorcyclists to die in the street, or stop?