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  #201  
Old 10-18-2019, 12:59 PM
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Originally Posted by Steophan View Post
There is no way that anyone could not have expected that driving on the wrong side of the road would lead to a collusion. This was not an accident, and the only reason to call it such is to try to claim that its OK to drive a car without paying sufficient attention.
Or, you know, because she didn't intend to hit anyone. I know everything is black and white in your world, but that's not how the real world works. Let's say we go hunting for deer (in a jurisdiction where this is legal, and while observing all relevant laws). We see a deer. You raise your gun, take aim, ensure there are no humans in the area, and shoot. All intentional conduct.

Unbeknownst to you, the deer is a cardboard cut-out and the bullet passes through and kills the human standing behind it. Was the shooting an accident?
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  #202  
Old 10-18-2019, 01:10 PM
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Originally Posted by Cheesesteak View Post
Your claim is that she drove her car in a manner expecting to have a head on collision.
I'm claiming that it's reasonable to expect that driving on the wrong side of the road will lead to a head on collision. And I don't believe that anyone actually disagrees with that. She paid insufficient attention to what she was doing, with predictable (and tragic) results.

Or to put it another way, she drove in such a way that she should have expected a collision.
  #203  
Old 10-18-2019, 01:22 PM
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Or to put it another way, she drove in such a way that she should have expected a collision.
She thought she was on the correct side of the road. She was wrong, but she couldn't have expected a collision unless she drove on the incorrect side of the road on purpose.
  #204  
Old 10-18-2019, 01:45 PM
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She thought she was on the correct side of the road. She was wrong, but she couldn't have expected a collision unless she drove on the incorrect side of the road on purpose.
This is ridiculous. You honestly think that only someone driving on the wrong side of the road can understand that doing so is dangerous?
  #205  
Old 10-18-2019, 01:54 PM
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Originally Posted by Steophan View Post
That's not the way the term is used in the UK (officially) these days. Here's a Wiki link, both the cites are UK organisations.
"Some organizations" doesn't demonstrate anything about the official meaning of the term in UK law. It doesn't even indicate if these organizations are government or law enforcement organizations. And "some" would also indicate that there are other organizations - arguably more organizations, depending on the denotations of "some" - that do use "accident" to describe this sort of event.

Quote:
As for the meaning of the word "accident" a basic Google search gives this -

Quote:
1. an unfortunate incident that happens unexpectedly and unintentionally, typically resulting in damage or injury.

2. an event that happens by chance or that is without apparent or deliberate cause.
This event was neither unexpected nor without apparent cause, and was therefore not an accident. It did not happen by chance, it happen because one person acted in a way prohibited by law.
Did the woman expect to hit another car when she went out driving that day? No, she did not. It was an unexpected and unintentional outcome of her inattentiveness.

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I don't think I'm being needlessly pedantic here, I think it's important to realise that incidents like this are not simply unfortunate chance but are directly caused by, and preventable by, specific individuals.
I don't mind your pedantry, except in that it's entirely wrong, as demonstrated by your own cites.
  #206  
Old 10-18-2019, 01:54 PM
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This is ridiculous.
We are in total agreement.
  #207  
Old 10-18-2019, 01:57 PM
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This is ridiculous. You honestly think that only someone driving on the wrong side of the road can understand that doing so is dangerous?
No, he's saying that for her to realize how dangerous it was for her to drive on the wrong side of the road, she would have had to be cognizant that she was on the wrong side of the road in the first place. If she thought she was on the correct side of the road, she would have no reason to expect to get in a head-on accident. Therefore, the accident was unexpected.
  #208  
Old 10-18-2019, 02:38 PM
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Whether or not you call it an accident doesn't of itself exculpate someone from responsibility (in English criminal law), nor (of itself) does a lack of intention.
  #209  
Old 10-18-2019, 03:50 PM
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If this was a first time in the UK French tourist, what do you think the criminal penalty would be?
  #210  
Old 10-18-2019, 04:34 PM
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If this was a first time in the UK French tourist, what do you think the criminal penalty would be?
Unless there was some other factor that we are not privvy to like she was DUI - a lengthy ban and a substantial fine.
  #211  
Old 10-18-2019, 06:08 PM
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That's about what I'd figure, at most. We just had a story where an American driver in British Columbia hit a woman and dragged her under the car a few blocks. The police on the scene seemed to think it didn't warrant charges and he was free to leave the country - no diplomatic immunity required.

Eta: though there may be follow up:
https://bc.ctvnews.ca/mobile/woman-h...rash-1.4636119

Last edited by CarnalK; 10-18-2019 at 06:12 PM.
  #212  
Old 10-18-2019, 06:15 PM
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Sorry, he was held briefly but then released, not free to go from the scene.
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