Quote:
Originally Posted by Grady223
Woodsy,
If it was a black car with no lights on stopped on the road hit by a tractor trailer truck doing 100 mph and being driven by a drunk driver it would be vehicular manslaughter.
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I suspect the truck driver would be found guilty of the same counts as the boater was....and here is why!
In order for your scenario to happen, a black car would have to be PARKED in the middle of a dark road, with no lights no hazards on or reflectors visible.
Because the vehicle was parked in the road with no lights or reflectors visible, there is a certain liability on the driver of the black car, regardless of the condition of the truck driver. The driver of the automobile put himself and the truck driver in harms way.
Cars & trucks have headlights... they also have reflectors! This is to insure that you can see the other vehicle at night at a distance great enough to avoid a collision. There are all sorts of specifications automobile manufacturers have to meet with regards to headlights, reflector size (sq in) and visibility over distance. Boats don't have headlights or reflectors like cars do...... but they are supposed to have thier navigation lights ON!
The rules for boating and driving are different regardless of how many parallels one can draw between the two.
Either way, the jury deadlocked on the vehicular manslaughter charge. I would guess that jury deadlocked because some of the jurors (not all obv) felt there was some responsibility on the part of the victims because there was reasonable doubt that the stern light was on when the collision occured. If in fact the victim had shut off his stern light, that action placed him and his friend in harms way. By maritime law they WILLFULLY became a hazard to navigation!
I am the biggest advocate of drunk trumps all circumstances! I suspect had this guy been sober there might not have been an accident at all, and if there was he wouldn't have been charged with ANYTHING! It would just be a horrible accident... more than likely the victims would have been blamed for sitting out in the middle of a lake with no navigation lights on. But thats not what happened! But he decided to drive drunk and unfortunately he killed two people and injured a third. These drunk driving accidents occur every day in all types of vehicles.... Unless we eliminate all vehicles from the planet (or all alcohol and other drugs) it will continue to occur. You cannot legislate common sense and you can't fix stupid!
The guy was drunk and found guilty. I dont know the guy, but I agree with Skip that the judges comments at the end of the article speak volumes to this guys character. I have no sympathy for him.
Woodsy