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Thu 21 Apr, 2005 04:47 am
Hey everyone i am new to this board but i was discussing it last night and there should be some sort of leway in the Injure or Kill a highway worker thing and i thought it would be a good Debate Topic so here you go. I am interested to see what happens. If you want to e-mail me and talk about it my e-mail is
[email protected]
I am not sure what you mean by leway.
The point is, if you know someone is working there on the side of the road and you still speed, drive carelessly and kill someone...you should be punished accordingly. What is it? Up to 15 years or something? Come on. You think 15 years is too long for someone who has MURDERED someone else?
Leeway? Why? The judge will sentence the convicted person according to current standards.
Do you feel that since highway workers are carrying out the highway repairs that inconvenience you that their lives are no longer important?
After all, they could get other jobs. Since they work under hazardous conditions they should be prepared to die.
No what i meant which i think that i forgot to put in there was that what if something happened to your car that you lost control there has to be something in there that myou cant get in trouble for this. Like it was uncontrolled. Example could be if the front axle snapped on a car or if a drive shaft went on a big semi on a free way and you lost control of the vehicle. There was nothing you could do abotu it. NO MATTER WHAT SOMEONE WOULD GET HURT!!!! If you slammed on your brakes your car would do pissies in the middle of the road and spin incircles and hit other cars, something would happen and someone would get hurt no matter what . If somnething like this happened there has to be something that says you could not get in trouble. Well this is what i meant sorry if i offended anyone.
No offence taken, just a bit confused. In those circumstances obviously the court would take all the circumstances into account.
Depending on the jurisdiction most offences touching on this would require the mental elements (the mens rea) of recklessness and/or negligence. If there was something wrong with the defendant's car (and that was proven) which was one of the causes of the collision then it's entirely possible that the defendant would either be acquitted or deal with the very lowest level of sentencing. Questions could be asked about the maintenance of the vehicle of course. If it was another vehicle that intervened, as you said, if something happened to a semi and the defendant had to try and evade, again right down the bottom of the tree when it comes to culpability.
What if I'm going through the Fast Lane(in MA, that's the name of the electronic toll that registers your car with a transponder), at say, 100mph, and some dumb toll worker decides to cross through that lane chomping on some pork rinds without looking?
Then I find out the speed limit for the booth is 15mph, but because I was going so damn fast, I couldn't read the sign. After all, it is called "Fast" Lane.
I think in that case, the state should pay for the damage to my grill/hood.