Collision with Fatality?

bycikas

Just wondering.. If anyone could answer. what would person face if he kills a pedestrian on the road. And the investigation finds out that the pedestrian actually made a suicide?

What penalties could driver face ? If any.

And what type of murder/manslaughter would it be classified if you kill someone with a car?

I mean on the Irish roads, and with Irish laws.

Thanks

Stinicker

If it could be proven a suicide then the driver may face no charges. I know a person whom was involved in a car crash where the other party was at fault and the other party was killed in the resulting crash. She's still driving today but was quite shook up about it and hadn't the confidence to drive for a while after the crash. Any fault on her part would have rules out in the inquest.

Merry Prankster

Problems with the missus?? :P

I'm not sure but I wouldn't imagine there'd be any penalties if it could be proven that the victim's intention was suicide.

MugMugs

Merry Prankster wrote: »

Problems with the missus?? :P

I'm not sure but I wouldn't imagine there'd be any penalties if it could be proven that the victim's intention was suicide.

In such an event it would be unlikely.

heate

Merry Prankster wrote: »

Problems with the missus?? :P

I'm not sure but I wouldn't imagine there'd be any penalties if it could be proven that the victim's intention was suicide.

Look romantic trip to Moscow and $250 will sort out that 'problem'

Absurdum

bycikas wrote: »

And what type of murder/manslaughter would it be classified if you kill someone with a car?

If you do it properly, none. If you start mowing down randomers, it's a different story.

MagicMarker

If it was proven the other person committed suicide and you weren't at fault then there would be no charges.

TestTransmission

Thread moved as it's not motoring related imo.

bycikas

Absurdum wrote: »

If you do it properly, none. If you start mowing down randomers, it's a different story.

never laughed so much

Ok,thanks for answers.. But in this case, for example:

morning 4 o'clock. dark as hell. Raining. You're driving 60k per hour (to the allowed limit) and boom.. You hit the person , person dies on the spot. (supposedly 60k is more than enough to kill) Victim was walking on the road without a hi-vis jacket, torch on etc.

You're not drunk or anything.

What type of murder/manslaughter this would be ?

Merry Prankster

It's a tough one, I've thought about this myself on country roads. Even though the victim has failed to take adequate precautions, I imgaine you as a driver are expected to factor this possibility in and drive at a speed that allows you to brake in time. Seems harsh though if you were charged with causing death by dangerous driving.

bycikas

Is following road rules and signs is dangerous driving?

Keeping in mind same example.. (And having in mind, driver watches speed limits, etc.)

MagicMarker

A speed limit is just that, a limit on how fast you can go. Just because you're going under the limit doesn't mean you aren't driving dangerously.

Milk & Honey

The speed limit is the maximum speed permitted but road conditions may require driving at a lower speed. Rain reduces visibility. A driver is supposed to be able to stop within the distance he can see to be clear. If he can't see clearly, he is travelling too fast. Charges will vary depending on the circumstances from dangerous driving causing death down to driving without due consideration for other road users.

bycikas

Milk & Honey wrote: »

The speed limit is the maximum speed permitted but road conditions may require driving at a lower speed. Rain reduces visibility. A driver is supposed to be able to stop within the distance he can see to be clear. If he can't see clearly, he is travelling too fast. Charges will vary depending on the circumstances from dangerous driving causing death down to driving without due consideration for other road users.

So if the person was in dark, without any hi-vis clothing, torch , etc, walking on the road. you still be in fault? No matter how careful you are, while driving.. this is nice..

MagicMarker

Is this a country road we're talking about? As in no paths and the person was walking along the side? Or is this person crossing from one side to the other?

Milk & Honey

bycikas wrote: »

So if the person was in dark, without any hi-vis clothing, torch , etc, walking on the road. you still be in fault? No matter how careful you are, while driving.. this is nice..

If you are careful enough you would see the person. If you cant see don't drive!

bycikas

MagicMarker wrote: »

Is this a country road we're talking about? As in no paths and the person was walking along the side? Or is this person crossing from one side to the other?

Country road, no paths no nothing. Just along the side/on the road.

MagicMarker

bycikas wrote: »

Country road, no paths no nothing. Just along the side/on the road.

In which case you'd be to blame.

While the pedestrian doesn't help when they haven't made an effort to be seen, there really is no excuse on your part, it's a quiet country road at 4am, the only reason someone would hit a pedestrian in those circumstances is simply because they weren't paying enough attention.

bycikas

So what consequences would driver face? Fine, jail or what?
And with what he would be charged?

Thanks

knird evol

Dangerous Driving causing death

Kevin3

The gardai would send a file to the Director of Public Prosecutions who would make a decision taking all matters into consideration as to whether a charge should be brought. All fatal collision scenes are examined by a highly qualified garda forensic collision investigator who can pretty much prove and show exactly what happened at a collision.

If charges were brought and the person was found guilty the judge would take all mitigating factors into account when sentencing.

Here's the updated section 53 of the Road Traffic Act 1961 taking amendments into consideration.

Dangerous driving

S.53 (1) A person shall not drive a vehicle in a public place in a manner (including speed) which, having regard to all the circumstances of the case (including the condition of the vehicle, the nature, condition and use of the place and the amount of traffic which then actually is or might reasonably be expected them to be therein) is dangerous to the public.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and

(a) in the contravention causes death or serious bodily harm to another person, he shall be liable on conviction on indictment to penal servitude for any term not exceeding 10 years or, at the discretion of the Court, to a fine not exceeding €20,000 or to both such penal servitude and such fine, and
(b) in any other case, he shall be liable on summary conviction to a fine not exceeding €5,000 or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(3) In a prosecution for an offence under this section, it is not a defence to show that the speed at which the accused person was driving was not in excess of a speed limit applying in relation to the vehicle or the road, whichever is the lower under this Act.

(4) Where, when a person is tried on indictment or summarily for an offence under this section, the jury, or, in the case of a summary trial, the District Court, is of opinion that he was not guilty of an offence under this section but was guilty of an offence under section 52 of this Act, the jury or Court may find him guilty of an offence under section 52 of this Act and he may be sentenced accordingly.

(5) A person liable to be charged with an offence under this section shall not, by reference to the same occurrence, be liable to be charged with an offence under section 35 of the Offences Against the Person Act, 1861.

(6) Where a member of An Garda Siochana is of opinion that a person has committed an offence under this section, he may arrest the person without warrant.

(As amended by Road Traffic Act 1968, s.51
As amended by Road Traffic Act 1996, s.49.
As amended by Road Traffic Act 2006, s.18.
As inserted by the Road Traffic Act 2004, s.13.
As amended by the Road Traffic Act 1968, s.49.)

bycikas

Thanks for all your responses, you were lot of help.