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Let me give you a real-life example of an accident: My cousin, (completely sober, alert, and obeying all applicable traffic laws) ran over a slick substance on
by choko 9y ago
Let me give you a real-life example of an accident:
My cousin, (completely sober, alert, and obeying all applicable traffic laws) ran over a slick substance on the road causing his car to slide into oncoming traffic. Unfortunately, his progress was halted by an oncoming vehicle. The person in the other vehicle was killed. Should my cousin be legally responsible for that death?
- astrodust 9y agoRegardless of cause, that's a collision. If there was nothing they could have done to prevent that incident, if any reasonable driver would have had exactly the same problem, then perhaps they're not at fault. If somehow other people managed to navigate that hazard without issue then there may be an element of fault. Were they driving too fast? Were they slow to react? A good lawyer would be able to argue that the root cause of that collision was the spill on the road, which seems like a reasonable defence. If it went to trial a jury would be inclined to agree, so there's no real risk of over-prosecuting here. Keep in mind that these sorts of cases are the exception, not the norm.