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Originally Posted by JC-Nismo
Hate to say it, but this case is gonna flop!!! Any good lawyer will eat this case up cause the manslaughter charge won't stick with Gorilla Glue. Reckless driving or not, the victim pulled into on coming traffic unless there a stop sign that's not visible in the video. I don't know what the laws are in that state, but back home in Jersey where I've seen this about a dozen times, if you pull into oncoming traffic it's your fault regardless of the speed. One time a car hit an ambulance that blew through the intersection with it's lights flashing, but never slowed down and looked for oncoming traffic, needless to say it got T- Boned and flipped over. They charged the driver saying the ambulance always has the right of way. Went to trial and got thrown out based on witness testimony that ambulance never looked or slow for oncoming traffic. The driver in return sued the city and won a 6 figure payout. This is horrific either way and prayers to both family's, but am I wrong and if so please correct me.
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Quote:
Originally Posted by 37zeroZ
The 370Z driver had the right of way regardless if she was going over the speed limit and using her cell phone. Suppose the 370Z driver died instead of the other woman, would that woman be charged with manslaughter for driving into oncoming traffic.
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Do both of you honestly feel that if you were to drive 60 mph in a 25 mph zone and you hit a car coming out of cross street or a pedestrian crossing a street that you'd have no liability?
The police did not prosecute her earlier because even though they did have the video evidence of her speeding, they can't be exact and factual about her speed. This in itself may not be strong enough to convict the driver. However you combine this video evidence with the fact that she was on her cell phone, now the prosecuting attorney's office has a strong case against her.