Tuesday, October 9, 2007

Hit and Run: Incredible Detachment to Life and Responsibility

Hit-and-Run is a totally inhumane offense. It’s bad enough that one drives negligently as if he isn’t responsible risking the lives of those around him but to be nonchalant after causing death, injury or damage to another is something else. Believe it or not, people actually hit and run to save their ass from liability. Even a 50 year old woman was accused of such offense.

Berset is criminally charged with one count of hit and run resulting to death or injury. This felony carries a four year sentence in its maximum, in state prison. She is also charged with a count of vehicular manslaughter without gross negligence. This misdemeanor is fixed at a bail of $100,000.

Comprehensive investigation must be put in order. Berset must be able to prove that she exercised due care, otherwise she has to bear charges of gross negligence. It is not enough that she called the authorities the next day after collision to report because for all we know, she may have intentionally tried to escape from liability at the moment of collision. Her conscience may just have reaped guilt. It is quite dubious to kill a person, or even a deer at that, without having the impulse to check what it was that her car’s hit. Though remorse is notable, it doesn’t change the fact that the offense is consummated.

Should Berset be exculpated from criminal charges due to reasonable doubt, civil charges remain enforceable. The defendant’s negligence can be proven by preponderance of evidence and should this be established by the plaintiff litigation lawyer, the victim’s family is entitled to recover compensatory damages, even punitive ones.

A driver is required to give assistance to injured persons involved in a car accident, especially if such driver is involved. Any driver who fails to fulfill his duties can be responsible for the omission of a positive law. This isn’t a new law – this stems from old-age common law and may be this also isn’t exactly a law – this is, or rather should be, human nature.