Topic
My brother was killed in a car wreck and the driver that hit him was speeding and driving erratically for the weather conditions he was charged with misdemeanor careless driving, instead of negligent vehicular homicide.
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My brother was killed in a car wreck and the driver that hit him was speeding and driving erratically for the weather conditions he was charged with misdemeanor careless driving, instead of negligent vehicular homicide.
So many drivers here in Louisiana pass me when im going the speed limit. I wish there were more cops around here to stop it. An answer to your question, I think that careless driving can be like coming home from work going 65mph in a 55 passing up the cars going the right speed. For negligence I can give you an example, A driver going 70 mph in a 55 zone, speeding up at yellow lights, not yielding to pedestrians.
I am so sorry about ur brother is tragedy. Legally, the differences between careless driving & negligence may be defined by law in the statutes in ur state or province. But statutory differences may not be relevant if the local prosecutor has exercised his or her discretion to bring a lesser charge against the guilty driver. Since the state is independent of the victim & perpetrator, they r given a good deal of leeway in bringing charges against people accused of a crime. You will need to discuss this with the prosecutor, explain ur feelings & ur position regarding the prosecution & get his or her reasons for their decision. Apart from the criminal matter, there may be a basis for a civil suit in wrongful death against the perpetrator and/or the vehicle owner. The standard of proof in the civil matter is a ''preponderance of the evidence'' in most every US jurisdiction. This is a lot easier to get than the ''proof beyond a reasonable doubt'' in criminal cases. The real problem with a civil suit may not be whether the guilty party is liable, but whether he or she has any assets or insurance against which a claim can be made. It would be a good idea to speak with a local ''personal injury'' lawyer regarding possible civil actions. They generally do not charge for an initial consultation since they work these cases on a contingency basis. If the other party is ''judgment proof'' then justice may end up being delayed until the ''final accounting.''
Each state and country has their own traffic code. If you want to know the difference between them, you would have to read the two provisions of the traffic code. My state has no crime of negligent vehicular homicide. Some do, but each state is statute has different language.
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