A young man had not had slept for almost 24 hours. He got into his car to drive home and along the way he was passing an area where many people were camping. He fell asleep and drove over a tent, killing a sleeping man and sending his wife to hospital for many months.
His lawyer argued in front of a jury that this was not manslaughter but rather, it was a simple and genuine accident, for which the young man should not be held accountable.
Generally, the law holds that when a collision occurs someone is invariably responsible, and this is based upon sound concepts.
If a person is driving when suddenly he is struck by a heart attack, can he be held acountable for any injury or damage caused? Heart attacks usually are indicated by a deterioration in health. We should get the opinion of our doctor when we are not feeling at our best, so that treatment can be prescribed. However, men are terrible at taking ourselves to the doctor on a timely basis. If we have any condition that comes with the warning not to operate machinery, that includes driving.
It might take forensic investigation to be certain, but it is likely such a person could be held responsible for driving in the probable likelihood that he might have a heart attack or stroke due to the state of his health.
If you are driving and you are in perfect health with no warning signs that anything is a problem, but because you inhale some dust you suddenly violently sneeze. As a result you have to close your eyes and you lose control of the vehicle Can you be held responsible for any injury or damage caused?
I think there would be a very good case to make that this situation is the classic description of a true accident. You had no existing condition that suggests a sneeze, like a cold, so there was nothing to indicate that you were in a position of peril. The same could be said of an animal that was not the responsibility of anyone, that suddenly darts into your path. (The collision would not be your fault or that of anyone else.) Even if you are warned that you have entered an area that is active with wild animals, you should slow down and remain alert, but you cannot absolutely avoid the collision if the animal is determined to run into you.
However, in the case of the young man who stayed awake much longer than he should have, as a driver, the jury found him Not Guilty! In doing so I think the jury has said that if you fall asleep while driving, because your body is starved of sleep, it is not your fault if other people are injured or killed. So, no problem. Stay out as long as you want and party to the max, (without alcohol or drugs.) We understand!
We got your back !
Copyright (c) 2015 Eugene Carmichael
