If a person accidentally runs a stop sign and hits someone else going through he intersection and kills the other person are they automatically negligent? Would this be an automatic case f involuntary manslaughter or could there be mitigating factors.
Kel.
You might get some answers from a previous thread we did on the former S. D. governor and Congressman Janklow. http://boards.straightdope.com/sdmb/showthread.php?t=236308&highlight=south+dakota+homicide
In that thread, Bricker is a real life lawyer. Others of us were merely voicing an opinion.
According to the Virginia’s Motor Vehicle Code, any driver who violates the law automatically gives up any right-of-way that driver normally would have. So, at least here, the answer to your question is yes unless both drivers were doing something illegal.
UK perspective - there is ‘careless driving’ and ‘dangerous driving’, separate offences. Obviously, it takes a court to decide which is applicable.
Anyway, running a red light would certainaly be ‘careless driving’. Which can be anything from a small fine to a prison sentence.
According to personal experience with Wisconsin law in this matter, if the driver is not intoxicated or under the influence of any other imparing substance, and there are mitigating circumstances (such as, being asleep) his charge can simply be “failure to yield the right of way ($150 fine)”. But any accident that causes a death creates an automatic suspension of the license of the driver at fault (who’s always the driver who runs the stop sign).
-lv
And you asked about negligence.
You are in violation of the Vehicle Code, and you may be charged with manslaughter or lesser offences, but that is the criminal issue; you might possibly get let off on the criminal issue.
But negligently causing someone damage is a civil (lawsuit) issue, and you and your insurance company would no doubt be sued and have to pay. In that case, even if you fell asleep (and were not drunk or reckless), it’s not the other guy who created the problem, so he shouldn’t have to pay the costs. May be easier to understand if he is injured and has big hospital bills that have to be paid, can’t work at his job any longer, etc.
Two ways of having to go to court to get judged:
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Criminal case: You broke a law, punishments are prescribed, the trial is to see if you are guilty, and what exact law was broken.
The result would be punishment. -
Civil case: Through your error (or deliberate action), you caused someone financial damage, or damages that can be somehow equated to financial damages. They can ask to be ‘made whole’ by you or your insurer.
The trial is to decide whether the problem was caused by you, and what kind of money the problem involved.
The result would be compensation.