Quote:
Originally Posted by revstriker
I'm not a lawyer, but I believe this charge normally requires an act of criminal negligence. I don't think a violation of the traffic code amounts to this. There is Vehicular manslaughter which could be used, but again, this is normally only used when the person was criminally negligent, or was negligent as in driving with a suspended license.
Don't get me wrong, I would like to see this lady punished for what she caused. But while this was a terrible event, it was an accident. If the law allowed (and it should), they should suspend her license.
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Some reading on concepts regarding criminal negligence:
http://en.wikipedia.org/wiki/Criminal_negligence
In the UK she'd definitely be guilty of a crime:
http://en.wikipedia.org/wiki/Death_by_dangerous_driving
I think the police decided not to pursue the case because it was a hot-button issue whose prosecution would have strained limited local budgets, and/or felt more sorry for her than they did the dead motorcyclists. Even a reasonable person sitting back and looking on would think a $20 fine as the only criminal outcome for this is incredulous. Is that the right word? Maybe "joke" would be better.
It's unlikely the woman has the financial recourses to pay any real settlement or costs. If she had basic liability on her vehicle the coverage amount is probably $50,000 or less, not enough to cover the first few days in hospital for the victims.