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Negligence is negligence but people tend to view vehicle collisions as "accidents", as in random occurrences dealt by the hand of fate completely outside of any

Negligence is negligence but people tend to view vehicle collisions as "accidents", as in random occurrences dealt by the hand of fate completely outside of anyone's control. As such, there is a chronic failure to charge motorists with negligence, even when they have killed someone. If you end up in court, just ask for a jury and you'll be okay. I'm pretty sure this guy didnt even go to court, sounds like it got prosecutor's discretion.

sokoloff 2y ago
Negligence is the failure to act with the level of care that a reasonable person would exercise in a similar situation; if a reasonable person likely would have done the things that led to that person’s death, they’re not guilty of negligence.
tsimionescu 2y ago
That sounds like the justice system living up to its ideals. If the 12 jurors know they would have done the same in your situation, as would their family and friends, then they can't in good conscience convict you for negligence.
- pessimizer 2y ago
  It sounds like the kind of narcissism that perverts justice. People understand things they could see themselves doing, don't understand things that they can't see themselves doing, and disregard the law entirely. It makes non-doctors and non-engineers incapable of judging doctors and engineers, rich people incapable of judging poor people, and poor people incapable of judging rich people. It's just a variation of letting off the defendant that looks like your kid, or brutalizing someone whose victim looks like your kid, it's no ideal of justice.
  - tsimionescu 2y ago
    I can agree with you in many cases. But for convicting someone due to negligence, they have to, by definition, have conducted themselves in a way that competent people engaged in that activity wouldn't usually. If all drivers drive a certain way, even if it's dangerous, then you're not negligent by the standards of the law for driving that same way.

sokoloff 2y ago

Negligence is the failure to act with the level of care that a reasonable person would exercise in a similar situation; if a reasonable person likely would have done the things that led to that person’s death, they’re not guilty of negligence.

tsimionescu 2y ago

That sounds like the justice system living up to its ideals. If the 12 jurors know they would have done the same in your situation, as would their family and friends, then they can't in good conscience convict you for negligence.

pessimizer 2y ago
It sounds like the kind of narcissism that perverts justice. People understand things they could see themselves doing, don't understand things that they can't see themselves doing, and disregard the law entirely. It makes non-doctors and non-engineers incapable of judging doctors and engineers, rich people incapable of judging poor people, and poor people incapable of judging rich people. It's just a variation of letting off the defendant that looks like your kid, or brutalizing someone whose victim looks like your kid, it's no ideal of justice.
- tsimionescu 2y ago
  I can agree with you in many cases. But for convicting someone due to negligence, they have to, by definition, have conducted themselves in a way that competent people engaged in that activity wouldn't usually. If all drivers drive a certain way, even if it's dangerous, then you're not negligent by the standards of the law for driving that same way.