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Penalty for killing someone in a car crash

  • 21-11-2007 4:26pm
    #1
    Registered Users, Registered Users 2 Posts: 738 ✭✭✭


    Is there any sort of a penalty for killing someone in a car crash, if it was an accident or if one of the persons was at fault(the one that survived, but was sober at the time)?????????


Comments

  • Registered Users Posts: 848 ✭✭✭Dinxminx


    Well afaik that's manslaughter, so yes.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Its circumstantial and depends on the evidence adduced and presented, but Manslaughter would be on the mark.


  • Registered Users, Registered Users 2 Posts: 78,523 ✭✭✭✭Victor


    There are varying circumstances:

    Negligent - not paying attention, intoxicated or fatigued would probably bring a charge of causing death by dangerous driving.

    Deliberate - for example in a case of road rage, would probably be manslaughter. In one case in the USA, a driver had a previous conviction for road rage and was known for such behaviour and was charged with first degree murder (the equivalent of 'murder' here) when he killed two people in a road rage indicdent, as there was an element of premeditation (as to the action, if not the victim - similar to a murder committed during a robbery).

    Accident - a deer runs across a forest road and a the driver looses control of the vehicle, causing him to hit and kill a person.


  • Closed Accounts Posts: 451 ✭✭Rhonda9000


    And for the OP... the components of manslaughter -from the hazy recesses of my criminal law days - are that death was caused by reckless or negligent behaviour... which obviously enough extends to negligent or reckless driving.


  • Closed Accounts Posts: 1 samanthajames


    One would most likely to be charged with dangerous driving causing death, as opposed to manslaughter, altho it may be accepted that the death of another may have been unintentional (manslaughter) but equally the person who caused the death, accidental or otherwise, IS legally culpable.

    Maximum if found guilty 10 years, most likely to be less if there are no aggravating factors, ie., drink, speed, no insurance etc.


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