92 yr old woman kills woman on motorcycle

[revstriker]

Originally Posted by FrugalNinja250

We'll have to agree to disagree, then. All of the examples you posted, such as drifting into another lane, hitting a curb while parking, etc, represent a failure to control the vehicle properly. The reasons why aren't really relevant, only the results. Well, I take that back a little. If someone blacks out because of medical reasons (heart attack, stroke) while driving, the resulting loss of control of the car I wouldn't classify as negligence. Driving into a curb in a parking lot because of inattentiveness I would classify as negligence.

Oh, and unless she was driving a formula one or Indy race car with exposed wheels, the car's body was across the centerline along with the tires. And in any case, that distinction is irrelevant because all parts of the car are considered "the car" when it comes to causing an accident.

We can agree to disagree then. But I do want to point out a couple of things for clarity. I wasn't suggesting that it is not a person's fault for drifting, hitting a curb, etc. I was pointing out that these examples of not controlling a vehicle are quite different than someone losing control of a vehicle. As for the wheel over the line comment, I was just pointing out that her entire car did not cross over the line into the oncoming lane. This of course doesn't make a difference in terms of the accident itself. But it does give one perspective on why she was only fined the way she was (agree or disagree).

[sb71]

Originally Posted by revstriker

We can agree to disagree then. But I do want to point out a couple of things for clarity. I wasn't suggesting that it is not a person's fault for drifting, hitting a curb, etc. I was pointing out that these examples of not controlling a vehicle are quite different than someone losing control of a vehicle. As for the wheel over the line comment, I was just pointing out that her entire car did not cross over the line into the oncoming lane. This of course doesn't make a difference in terms of the accident itself. But it does give one perspective on why she was only fined the way she was (agree or disagree).

May I ask a question? Where do you draw the line at "not controlling a vehicle" and "loosing control"? I am not picking on you...I really am looking for your difference. And how does this give a perspective?
TY

[bob706]

Originally Posted by sb71

Where do you draw the line at "not controlling a vehicle" and "loosing control"?

If the old lady had a blown tire or something else happen beyond her control then no real problem, it's just a bad accident. If she was drunk, fell asleep, was daydreaming or on meds or something like that then I can't see how it's not vehicular manslaughter. Something happened to her or the car in order for it to drift. Was she reaching for a lighter she dropped on the floorboard? Is the cars alignment that out of whack?

[revstriker]

Originally Posted by sb71

May I ask a question? Where do you draw the line at "not controlling a vehicle" and "loosing control"? I am not picking on you...I really am looking for your difference. And how does this give a perspective?
TY

Losing control of a vehicles is just that, you lose control. You no longer have the ability to make the vehicle do what you want it to do. Failure to control a vehicle is when the vehicle does something it shouldn't (like cross the line) because you failed to do something to prevent it. As for giving perspective, I was just pointing out that there is a difference. My response was to point out that the police did not report that the lady lost control of her vehicle, that the vehicle completely crossed over the center line, or that she hit the bikes head on.

[revstriker]

Originally Posted by bob706

If the old lady had a blown tire or something else happen beyond her control then no real problem, it's just a bad accident. If she was drunk, fell asleep, was daydreaming or on meds or something like that then I can't see how it's not vehicular manslaughter. Something happened to her or the car in order for it to drift. Was she reaching for a lighter she dropped on the floorboard? Is the cars alignment that out of whack?

Or she could have misjudged her speed on a curve and drifted into the other lane.

And if she was found to be driving under the influence, then this could very well have been vehicular manslaughter. While laws vary by area, most consider drinking and driving an act of malice.