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> leave your vehicle without the hand brake, the vehicle moves and kills somebody, then it's your fault, true. It's also true if the brake fails, whether or n
by OliverJones 10y ago
> leave your vehicle without the hand brake, the vehicle moves and kills somebody, then it's your fault,
true. It's also true if the brake fails, whether or not you maintained it correctly.
> and it's a crime
false. It's a tort -- a misdeed against the victims, for which they or their heirs can sue you to recover damages. The legal theory is "strict liability." It applies also to farmers whose bulls escape into the village and wreak havoc, and to factories whose molasses tanks collapse and flood streets. The victim need not prove negligence to collect actual damages.
To collect punitive damages the victim does need to prove negligence.
- bb611 10y agoTorts exist in the civil system, not the criminal system. The driver in this scenario would likely be criminally liable for negligent homicide, manslaughter, or one of their many legal equivalents in state law.
- sjy 10y ago>false. It's a tort They're not mutually exclusive. Criminal negligence exists throughout the common law world.