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Does anyone have any data to compare the chance of a person at fault being criminally charged in a deadly car-car accident (no DUI or hit-and-run) to this effec

Does anyone have any data to compare the chance of a person at fault being criminally charged in a deadly car-car accident (no DUI or hit-and-run) to this effectively nil chance in deadly car-bike accidents? The article fails to mention it, yet makes multiple comparisons. Edit: Did some googling, found this article (http://cironline.org/reports/bay-area-drivers-who-kill-pedestrians-rarely-face-punishment-analysis-finds-4420 http://cironline.org/reports/bay-area-drivers-who-kill-pedes...) that finds that 60% of those at fault in deadly pedestrian accidents are not charged in accidents. Of those charged, many are not suspended. (Note the small sample size of 238) Does this point to a larger problem of drivers not being held accountable, period? This article (http://www.gjel.com/blog/is-traffic-violence-sufficiently-prosecuted.html http://www.gjel.com/blog/is-traffic-violence-sufficiently-pr...) provides a small amount of insight into the problem. Note this article is by an attorney and probably isn't free of conflicts of interest....

DannyBee 12y ago
So, clicking http://cironline.org/reports/how-we-analyzed-pedestrian-fatalities-4421 http://cironline.org/reports/how-we-analyzed-pedestrian-fata..., it doesn't explain how they assigned "fault", or which part of the data that came from. This seems like an important thing to explain :)
fleitz 12y ago
I've been in a few accidents and have never been charged nor seen anyone else charged. If killing someone in an accident is murder, surely injuring someone in an accident is assault.
- sjtrny 12y ago
  Battery not assault http://en.m.wikipedia.org/wiki/Battery_(crime) http://en.m.wikipedia.org/wiki/Battery_(crime). It's not murder if it's an accident. Maybe manslaughter.
  - roel_v 12y ago
    "It's not murder if it's an accident. Maybe manslaughter." Depends on state law. Might be 2nd degree murder, depending on how you define "accident".
- aidenn0 12y ago
  IANAL, but: Accidentally killing someone is rarely, if ever, murder[1]. It is potentially manslaughter if it happened while committing a minor offense, or doing something particularly reckless[2]. Injuring someone would be battery, not assault, and similarly intent is needed. As far as I know, accidentally injuring someone is not criminal, unless the accident happened due to reckless disregard for others' safety. [1] Depending on the state, 2nd degree murder is possible if your actions showed depraved indifference to human life. In other jurisdictions this would be considered manslaughter [2] IIRC states differ on whether or not a non-misdemeanor traffic violation is enough to consider a homicide to be manslaughter. I think that in most states an unintentional homicide that resulted from committing a misdemeanor is considered manslaughter. Furthermore states differ on which moving violations are misdemeanors. Also some states have vehicular manslaughter laws, which I know nothing about.
  - fleitz 12y ago
    Yes, this is what I mean, no one is charged when accidents happen as long as people were acting reasonably.
- soneil 12y ago
  It varies. In the UK we have the charge "Causing death by dangerous driving". Simply defined "A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence." Note there's no nod to accidents there. If you're speeding, if you're making lane changes without looking. If you're entering spaces designated for cyclists, or pedestrians; then it's not an honest accident. An accident, yes, but a criminal one, not an honest one.

DannyBee 12y ago

So, clicking http://cironline.org/reports/how-we-analyzed-pedestrian-fatalities-4421 http://cironline.org/reports/how-we-analyzed-pedestrian-fata..., it doesn't explain how they assigned "fault", or which part of the data that came from. This seems like an important thing to explain :)

fleitz 12y ago

I've been in a few accidents and have never been charged nor seen anyone else charged. If killing someone in an accident is murder, surely injuring someone in an accident is assault.

sjtrny 12y ago
Battery not assault http://en.m.wikipedia.org/wiki/Battery_(crime) http://en.m.wikipedia.org/wiki/Battery_(crime). It's not murder if it's an accident. Maybe manslaughter.
- roel_v 12y ago
  "It's not murder if it's an accident. Maybe manslaughter." Depends on state law. Might be 2nd degree murder, depending on how you define "accident".
aidenn0 12y ago
IANAL, but: Accidentally killing someone is rarely, if ever, murder[1]. It is potentially manslaughter if it happened while committing a minor offense, or doing something particularly reckless[2]. Injuring someone would be battery, not assault, and similarly intent is needed. As far as I know, accidentally injuring someone is not criminal, unless the accident happened due to reckless disregard for others' safety. [1] Depending on the state, 2nd degree murder is possible if your actions showed depraved indifference to human life. In other jurisdictions this would be considered manslaughter [2] IIRC states differ on whether or not a non-misdemeanor traffic violation is enough to consider a homicide to be manslaughter. I think that in most states an unintentional homicide that resulted from committing a misdemeanor is considered manslaughter. Furthermore states differ on which moving violations are misdemeanors. Also some states have vehicular manslaughter laws, which I know nothing about.
- fleitz 12y ago
  Yes, this is what I mean, no one is charged when accidents happen as long as people were acting reasonably.
soneil 12y ago
It varies. In the UK we have the charge "Causing death by dangerous driving". Simply defined "A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence." Note there's no nod to accidents there. If you're speeding, if you're making lane changes without looking. If you're entering spaces designated for cyclists, or pedestrians; then it's not an honest accident. An accident, yes, but a criminal one, not an honest one.