If you run a red light in the US and kill someone - what's normal procedure?

Unfortunately, even though it's Vehicular Manslaughter, the driver will probably get away with it, because there should have been preliminary charges, already.

The only recourse is a Wrongful Death suit in Civil Court. And, although, money never really eases the pain, or justifies totally the passing of someone; often, it's the only vindication loved ones have to help with losing someone close.

That would be my recommendation. Call several attorneys (not just one). They almost all give a free consultation.


[edit on 7/14/2010 by passingthought]

Usually the initial conclusion is preliminary, final determinations come after an accident reconstruction team, sometimes called "MAIT", Major Accident Investigation Team, re constructs and diagrams the collision... based on witness statements, AOI (area of impact), AOR (area of rest), skid-marks, cameras, vehicle electronic data etc..

The MAIT team will offer whats sometimes called "recommendations and conclusions for filing". Once the report is completed it goes to a traffic detective, Sgt or some type of supervisor for review.. they too can add recommendations.

The investigation then gets sent to the local DA/city attorney who will ultimately decide if charges should be filed. Sometimes a grand jury will decide depending on local policy / procedure..

reply to post by rival


Actually, I don't believe the public is allowed to see or learn a thing due to privacy issues for both the victim and the accused. The press is another story. Mostly you wait until the trial. Up until then, all you have is what is in the media and speculation.

[edit on 7/14/2010 by ~Lucidity]

if you kill someone while running a red light or stop sign in america and are considered elite normal precedure is to go on to become the first lady:

www.nytimes.com...


~meathead

[edit on 14-7-2010 by Mike Stivic]

You hire an electrical engineer and an attorney. The engineer gives expert testimony that the Light in question was not properly maintained and the timing parameters for light changes were not in compliance with the city/county.

Your lawyer is grateful for the help and reduces your fee by 50%.

And we row row row our boat gently down the stream.

Another quick update..

www.brooklynpaper.com...

The DA is apparently going to investigate the incident further due to pressure from locals, friends and family.

Any developments will be posted here for those interested

Thanks again

Berth

That's good news, that there's going to be an investigation; but, there's that "Blue Shield" that will deploy.

There was an incident that happened locally, somewhat similar:

www.wsmv.com...

and, as you can read, the Detective was absolved of all charges. He was drunk, and ran over and killed a small child. He got away with it.

I'd still seek the advice of a Civil Attorney if I were involved in a personal way. As, it's probably the only avenue of justice that will evolve in the case.

Hope it goes well.

I just wanted to highlight some key points. I'll comment after I read more.

Sri Oracle



July 14, 2010

By Jared Foretek
The Brooklyn Paper

when her Vespa was slammed by a speeding SUV that witnesses said ran a red light.
[]
Witnesses said that McKay-Dalton had the green light.
[]
two other witnesses “were pretty adamant” that McKay-Dalton, who was wearing a helmet, had the green light

Saturday, July 10th 2010
www.nydailynews.com...

Police do not plan to file charges against him. [] adding that there were no witnesses to the crash.

also

the driver of the SUV had a gun in a holster.
[]
Police said he is not a member of the NYPD
[]
the car is registered to the Treasury Department.
[]
A Treasury spokesman would not comment

Cops Shrug Off Witnesses to Fatal Vespa/SUV Crash
gothamist.com...

. And one of the witnesses says the cop on the scene could not have cared less about what she observed at the intersection of Clinton and DeKalb Avenue, where Aileen McKay-Dalton, 40, lost her life.

"The officer told me, 'You can stay or you can go, I don’t really care,'" witness Tara Simoncic tells the Brooklyn Paper. Simoncic stayed, and the officer eventually took her statement, but in the end there were no charges filed against the unidentified driver, who may be a member of a federal law enforcement agency.

[edit on 15-7-2010 by Sri Oracle]

reply to post by badBERTHA


Here us another clear cut case of vehicular assault done by police officer that is not going to be charged. This is in the city I live also.

Here watch the cops dash cam as he runs the stop sign!

Austin cop who ran stop sign and hit motorcyclist won’t be disciplined

This is pathetic if you to I had done this we'd still be behind bars.

Here is the victim speaking about his ordeal:
Motorcyclist hit by APD speaks publicly about incident

This is nothing more than breaking the law to protect another illegal action done by police across the world. It happens like this more times a day than people realize.

The most corrupt at usually the ones pointing the fingers!

What happens when you are Union Carbide's executives, and you ignore official inspection reports that the plant is in bad repair and the process you are using could lead to very dangerous runaway chemical events? When the workers tell you that pipes are leaking and you claim there is no money to fix them, and then....

You end up killing 15,000+ people, blinding many more, and causing birth defects and early deaths from cancer for years and years to come?

Oh nothing, the US says, it was an accident.
India says it was gross negligence and manslaughter, let us try the top execs involved. The US says, Nah, it was an accidental, no trial needed.

But heaven forbid someone have an accident and a child get killed, even if it is their own. Wringing hand soccer moms want to cruxify them. Or someone has a momentary lapse and causes a traffic accident. Jail.

O....k. I love America but her scales of justice need recalibrating.