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another lawyer seconds that (more) (archive)

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Posted by Chet on June 20, 2000 at 11:53:25:

In Reply to: Warning to street racers. posted by Lester on June 20, 2000 at 10:31:02:

The hit & run aspect is almost irrelevant and is just another charge to tag onto this guy's list; the material fact is that one of the participants was killed during a street race. The other driver can be charged with manslaughter (and murder in some states) even if his car never touched the other vehicle. Takes two to tango - guy wouldn't have died but for other guy engaging in race. Ergo, the guy who didn't wreck caused his death. This is the law in most jurisdictions - it doesn't matter if the other guy wrecked all by himself, you can be liable.

: Warning to street racers.

: In Castroville California yesterday an eighteen year old took a Toyota Celica for a drive. He came upon a Honda Civic. Soon they were racing down a rural two-lane road at speeds of between eighty and ninety miles per hour. The driver of the Toyota was the better of the two or at least luckier. The driver of the Honda in a corner flipped onto its side and wrapped itself around a pole. The Honda driver died. The passenger in the Honda was critically injured.

: Did I say the Toyota driver was lucky? Well, he is alive. But, at eighteen he finds himself charged with felony gross vehicular manslaughter, felony reckless driving causing death and felony hit and run resulting in death. Bail was set at $250,000.00. Maybe he was not so lucky?

: The next time you get tempted to street race, remember that you are legally responsible for the stupidly of at lest two drivers. If the other driver blows it and kills himself you get to be responsible for his death the rest of your life.

: As an attorney in California I can also tell you that there will be a lawsuit over this little race. Is there any doubt that some jury will find symphony for the grieving mother or wife of the Honda driver?

: Please take your desire to drive fast to an autocross or race-rack. The life you may save may be your own.

: Lester

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