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>Let me ask you this, if you are going over the speed limit or drunk driving and crash into someone else is that an accident or intentional? An accident. Accid
by 542354234235 5y ago
>Let me ask you this, if you are going over the speed limit or drunk driving and crash into someone else is that an accident or intentional?
An accident. Accidents can occur from reckless or negligent behavior. That is not the same as intentionally hitting another car and the legal concept of “criminal negligence”[1] covers this exact distinction.
> Most crimes involve intentional conduct. For example, in some states, the offense of assault can be committed by the defendant intentionally using or attempting to use force against someone, as with a punch or kick…some crimes involve reckless or negligent, rather than intentional, conduct. The term "reckless" essentially describes a defendant's simultaneous understanding and disregard of a substantial risk of harm. An example is a defendant having previous DUI convictions and understanding that driving drunk can harm or kill people, but nevertheless getting behind the wheel while intoxicated and causing a fatal accident.
So in both a legal and common sense understanding of intentionality, it clearly is not.
> And why is it that everyone here is defending using the term "accident" by suggesting that car crash or wreck is not a correct description?
No one is saying crash or wreck are not also accurate. If you want to call it a crash, go right ahead, but you are objectively wrong to say that me calling it an accident is not a correct description.
> In drunk driving for example, you intently operated the vehicle impaired and caused a crash. If you drive over the speed limit you are intently operating the vehicle recklessly. We do on occasion use the term vehicular homicide when describing these actions...My point of contention is that "accident" assumes no intent or reckless behavior.
Once again, you are confusing intentional recklessness and intentional outcome. “Vehicular homicide, also known as vehicular manslaughter, is the reckless or negligent killing of another through the use of a vehicle.” [3] The resulting accident is still unintentional by both legal and common sense standards. The word “accident” does not assume no reckless behavior, and it does not assume that there were no intentional decisions that contributed to it.
[1] https://www.nolo.com/legal-encyclopedia/what-criminal-negligence.html https://www.nolo.com/legal-encyclopedia/what-criminal-neglig...
[2] https://www.justia.com/criminal/offenses/homicide/vehicular-homicide/ https://www.justia.com/criminal/offenses/homicide/vehicular-...
[3] https://www.justia.com/criminal/offenses/homicide/vehicular-homicide/ https://www.justia.com/criminal/offenses/homicide/vehicular-...