He failed to control his vehicle then it is his fault, period. I wasn't driving his car and neither was the state of Colorado or the county. So, why should either of us have to pay to fix anything. Your friend has the responsibility on this one.
Former LSU safety Chad Jones in critical condition
- Thread starter The Greek.sixpack
- Start date
I'm not writing out a full explanation, you can figure it out. Think of a young woman in her early 20s who has a heart attack while driving. She kills 5 people in a head on collision after she passes out. She is not liable, period. Driving isn't a strict liability crime.
You are correct but the county should not have to pay for damages you created with your car.
Is this something similar to a golfer "accidentally" hooking a ball onto the road and hitting a car and causing damage? Who is at fault? Who pays for damage? Golf course owner? Golfer? Owner of car? Hmmm, I don't know.
Is this something similar to a golfer "accidentally" hooking a ball onto the road and hitting a car and causing damage? Who is at fault? Who pays for damage? Golf course owner? Golfer? Owner of car? Hmmm, I don't know.
I assume that the woman in your hypo did nothing wrong except for passing out. The difference here is that Jones and your friend both knew, or should have known, that they were driving at an unsafe speed. Mens rea.
It has nothing to do with strict liability, so at least you got that right.</p>
It has nothing to do with strict liability, so at least you got that right.</p>
out woman. It was the easiest way to illustrate the point. If there is no negligence, there is no liability. If someone isn't awake, they can't be negligent for the reasons you said. That illustration made it clear.
Jones was negligent, he was speeding. My friend may or may not have been. Just because there is an accident in the snow doesn't mean that there is liability. He could be going the appropriate speed for the conditions and an accident still occur. By the cop just making up a story in a police report about how fast someone should be going and how fast my friend was going(by observing the tire tracks 30 min later), he is trying to charge him criminally in order for him to pay for the electrical box.
Jones was negligent, he was speeding. My friend may or may not have been. Just because there is an accident in the snow doesn't mean that there is liability. He could be going the appropriate speed for the conditions and an accident still occur. By the cop just making up a story in a police report about how fast someone should be going and how fast my friend was going(by observing the tire tracks 30 min later), he is trying to charge him criminally in order for him to pay for the electrical box.