SC involved in fatal accident w/ FHP officer
05-19-10, 10:30 AM
#46
http://articles.latimes.com/2003/feb...adna-lawsuit23
05-19-10, 10:42 AM
#47
http://www.lectlaw.com/def2/m013.htm
MANSLAUGHTER
The unlawful killing of a human being without malice or premeditation, either express or implied; distinguished from murder, which requires malicious intent...
...The cases of manslaughter may be classed as follows those which take place in consequence of: 1. Provocation. 2. Mutual combat. 3. Resistance to public officers, etc. 4. Killing in the prosecution of an unlawful or wanton act. 5. Killing in the prosecution of a lawful act, improperly performed, or performed without lawful authority....
... When death ensues from the performance of a lawful act, it may, in consequence of the negligence of the offender, amount to manslaughter. For instance, if the death has been occasioned by negligent driving.
All they have to prove for manslaughter is negligence. Likely easy to prove in a case of rear ending somebody on the side of the highway.
The bottom line here is that you are expected to ALWAYS maintain control of your vehicle, and there can be some very serious consequences if you dont, up to and including being charged for manslaughter.
MANSLAUGHTER
The unlawful killing of a human being without malice or premeditation, either express or implied; distinguished from murder, which requires malicious intent...
...The cases of manslaughter may be classed as follows those which take place in consequence of: 1. Provocation. 2. Mutual combat. 3. Resistance to public officers, etc. 4. Killing in the prosecution of an unlawful or wanton act. 5. Killing in the prosecution of a lawful act, improperly performed, or performed without lawful authority....
... When death ensues from the performance of a lawful act, it may, in consequence of the negligence of the offender, amount to manslaughter. For instance, if the death has been occasioned by negligent driving.
All they have to prove for manslaughter is negligence. Likely easy to prove in a case of rear ending somebody on the side of the highway.
The bottom line here is that you are expected to ALWAYS maintain control of your vehicle, and there can be some very serious consequences if you dont, up to and including being charged for manslaughter.
05-19-10, 02:03 PM
#49
Pole Position
Join Date: Feb 2010
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05-20-10, 12:25 PM
#51
Lead Lap
no thats wrong. the cop wouldve have survived had the car been upto safety standards. blame the government + ford for cheaping out on cop cars.
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