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Question about fatal accidents and leaving the scene

Discussion in 'Questions To Truckers From The General Public' started by nekom, Apr 23, 2011.

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  1. Apr 23, 2011 #1
    nekom

    nekom Bobtail Member

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    My uncle is an owner operator and an old coworker of his from when he worked for Coyle (he still worked there at the time) was involved in a fatal accident. He was at fault, but he wasn't drunk or wreckless, just made a turn he shouldn't have made and got a woman killed. Now the problem is that he left the scene, I guess he freaked out. He's now been sentenced to 3 years in prison. My question is this: If he hadn't left the scene, if he'd just stuck around, tried to help as much as possible, would he be in any serious trouble? I mean obviously either way he's going to be sued and Coyle probably is too, but is he looking at jail time now basically only because he left the scene? It's a bad situation, I mean I can't imagine having someone's death on your conscience AND giving up 3 years of your life. Obviously he'll never drive truck again, he'll be lucky to get any job with a felony conviction. I feel kinda bad for the guy. Yeah, he got someone killed, but it wasn't like he meant to do it. Accidents happen. Just a nasty situation for everyone involved. I kinda hope the guy gets time off for good behavior and makes a way for himself afterwards. My uncle says he's a decent man, he just got caught up in a bad deal and freaked out and didn't handle it right. What's your take on it all?
     
    nekom, Apr 23, 2011
    nekom, Apr 23, 2011
    #1
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  3. Apr 23, 2011 #2
    Working Class Patriot

    Working Class Patriot Road Train Member

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    A "Fatal" is a "Fatal".....Unless a driver has a ##### good lawyer...they're screwed......

    What will take place is that all records will be subpoenaed....if even one "t" is not crossed or one "i" is not dotted....The driver will be found at fault.....

    I had a women who tried to squeeze her taxi-cab between the curb and my trailer, and the insurance companies still found me 30% at fault for "Failing to control my trailer"......

    Even if a driver does everything "by the numbers".....They can still be found "at fault" given a good lawyer......
     
    Working Class Patriot, Apr 23, 2011
    Working Class Patriot, Apr 23, 2011
    #2
  4. Apr 23, 2011 #3
    Biscuit75

    Biscuit75 Road Train Member

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    If he stuck around it may have kept him from getting 3 years. Depends on what he would have been charged with. Here in Ohio that could be anything from Negligent homicide to something as simple as vehicular manslaughter. Maybe even nothing at all if it was truly an accident. It all depends on how the police and D.A. interpret his actions before, during and after the incident. Leaving the scene of any accident, especially if your involved, is a bad thing. I would say he's lucky he only got 3 years.

    I had a friend in high school who ran through a red light and broadsided an old couple. The woman driving died 3 days later. He stopped and tried to help. He was injured also and was extremely distraught. About 2 months after the accident he was charged with negligent vehicular manslaughter and got a suspended sentence (basically probation) and a license suspension until he was 21. I think if he had fled the scene it would have been a lot worse.
     
    Biscuit75, Apr 23, 2011
    Biscuit75, Apr 23, 2011
    #3
  5. Apr 23, 2011 #4
    nekom

    nekom Bobtail Member

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    Well this happened in West Virginia. My uncle didn't ask him about the details (what he was charged with, etc), he said he was pretty depressed, and understandably so, so he didn't really want to pry. After sentencing I guess it was a deal like "Ok you have two weeks, get your affairs in order and report to prison". That's gotta be a rough couple of weeks leading up to an even rougher couple of years. Again this is thirdhand information and I don't have all of the facts, just seems to me like he got caught up in a bad deal and now he's going to pay dearly for it. I think leaving the scene was probably a big part of why he's going to prison, but hey you know people screw up. In a crisis, some people panic. It's just human nature.
     
    nekom, Apr 23, 2011
    nekom, Apr 23, 2011
    #4
  7. Apr 23, 2011 #5
    Working Class Patriot

    Working Class Patriot Road Train Member

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    You don't leave the scene of an accident period....

    Juries don't like it because fleeing is tantamount to an admission of guilt....
     
    Working Class Patriot, Apr 23, 2011
    Working Class Patriot, Apr 23, 2011
    #5
  8. Apr 23, 2011 #6
    Working Class Patriot

    Working Class Patriot Road Train Member

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    Also......Since we have CSA enforced on us.....All records can be easily be obtained....

    Say a driver received an OOS for a bad tire or a burnt-out head lamp....Guess what...A lawyer will use the OOS to their advantage.......


    In the court room....the driver's record as described by a talented trial lawyer...Will make the driver look more evil than O.J.

    Just saying......it's a tough world out there and much tougher in front of a jury.....
     
    Working Class Patriot, Apr 23, 2011
    Working Class Patriot, Apr 23, 2011
    #6
  9. Apr 23, 2011 #7
    Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    He probably would have been cited for a misdeamenor and gotten probation as well as getting sued etc. Accidents do happen, the civil courts process will drain his bank account. But he would be felony free and prison free. I mean he did screw up, right ? He's alive and the other person isn't.
     
    Allow Me., Apr 23, 2011
    Allow Me., Apr 23, 2011
    #7
  10. Apr 23, 2011 #8
    rachi

    rachi Road Train Member

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    He left the woman to die in the wreck when he took off. I hope he has to serve out the whole 3 years.
     
    rachi, Apr 23, 2011
    rachi, Apr 23, 2011
    #8
  11. Apr 23, 2011 #9
    Robert Gift

    Robert Gift Light Load Member

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    Only 3 years?
    He deserves more for not trying to help the woman.
    Could he have prevented her dying?
    I would have stopped to see whatever I couldo to help.

    Likely no jail time if a simple human error where he was not being reckless, no drugs, alcohol, texting, etc.
     
    Robert Gift, Apr 23, 2011
    Robert Gift, Apr 23, 2011
    #9
  12. Apr 23, 2011 #10
    Powell-Peralta

    Powell-Peralta Road Train Member

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    Uncle says he's a decent man?? If he left the scene he is no man.
     
    Powell-Peralta, Apr 23, 2011
    Powell-Peralta, Apr 23, 2011
    #10
    Robert Gift and rachi Thank this.
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