Is it true that if you accidently kill someone driving......

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slipknot
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Is it true that if you accidently kill someone driving......

Post by slipknot » Wed Dec 28, 2011 8:54 am

Hi all,
Just wondering if anyone else know about that new law
that if lets say you hit a padestrian that ran out on the road at night time,
you wernt drunk, no drugs, and was a freak acciden, that you would be
scentenced to life imprisiment?
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yorky
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Re: Is it true that if you accidently kill someone driving..

Post by yorky » Wed Dec 28, 2011 9:13 am

Immediately sentenced? No.

While I'm not able to give any legal advise, you would first have to be charged, and then brought before the courts, before getting sentenced to anything (that is if you are guilty of a crime).

#1 rule on the road is always give way to pedestrians. However as you say if you were doing all other road rules 100% correct and somebody jumped out/walked out in front of you and you had no chance to stop in time, I'd personally find it hard to believe you would even get charged. If you did the outcome of any investigation would/should prove you to not be at fault.

You would want to hope that you were not speeding, did not leave the scene etc etc and did everything by the book.

I've had drunks do the old jump out in front bit but have managed to stop in time.
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slipknot
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Re: Is it true that if you accidently kill someone driving..

Post by slipknot » Wed Dec 28, 2011 9:34 am

Its scary isnt it? Thanks Yorky, everyday i have thoughts like this that pop up
in my head, what about this, what about that. Call me paranoid :) I supose it dosnt help if you were
drink driving too i supose.
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yorky
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Re: Is it true that if you accidently kill someone driving..

Post by yorky » Wed Dec 28, 2011 3:08 pm

You'll want to be squeaky clean, no drink or drugs in your system, vehicle in perfect condition (tires and brakes in particular).
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yorky
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Re: Is it true that if you accidently kill someone driving..

Post by yorky » Sun Jan 01, 2012 4:51 pm

Actually, forget about my previous post if this is anything to go by today:

http://www.perthnow.com.au/news/breakin ... 6234331606
Killed TWO people, while borderline drink driving limit, and not even charged.
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nra555
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Re: Is it true that if you accidently kill someone driving..

Post by nra555 » Fri Jan 06, 2012 2:30 pm

That's a bit different, he actually hit them, they didnt jump out infront of him. that should be manslaughter. and someone i knew from school was given 3 years in prison and then released with a suspended sentace after murdering someone. so i doubt very much that you would get life if you accidently killed someone, and like yorky says, you were 100% in the right.
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