Mustang hits Explorer, guess who wins?

sounds like SUV vs. any non-SUV the SUV loses. And to think they feel "safe". My car is a wedge, I KNOW I'd flip and SUV if it hit me.

 

oy

 

<div class='quotetop'>QUOTE(naterprius @ Jul 8 2006, 01:05 PM) [snapback]283059[/snapback]</div>

Did you miss reading this part?

She is lucky she was not charged with second degree murder. In California, there is a principle called "implied malice," which says that if you do an act that is inherently dangerous to human life, and someone dies as a result, then you are guilty of murder.

In one such case two dog owners whose dog killed their neighbor were convicted of murder. Obviously, they didn't want to kill anyone, but they were guilty of murder under the theory that they knew their dogs were dangerous, and anything that flowed from that they were liable for.

In another case, two guys with a meth lab tried to burn it down to avoid detection, the fire spread, the fire department brought along planes to drop retardant on the fire. Two planes collided, and someone died in the crash. So, these otherwise pillars of the community were charged with murder. The theory being that when you start a fire, it's foreseeable that firemen will come to put it out, and it's also foreseeable that they'll send a plane, and if they'll send one, it's foreseeable that they'll send two, and when two planes are in the sky, it's foreseeable that they will collide and kill someone. Therefore, these guys are guilty of murdering the pilots.

Why should the drag racer be given a break?

 

People look at me with such disbelief when I tell them that with the full airbag package I am safer than they are with their SUV and front only airbags.

New vehicle construction creates a strong "box" for passengers, the airbags add extra protection. We will rarely, if ever, roll onto a weak roof with the resulting head and neck injuries. I would rather break a leg than my neck.

 

The reports did not state whether the Tongans were properly seatbelted in (I assume that they were not, Royals being Royals)

In any case, the Mustang driver is the proximate cause of their deaths.

Unless it can be proven that the SUV roof failed by design failure beyond that required by law, I doubt there is much liablity on Ford's part.

I am certain that there are legions of ambulance chasers salivating though;-)

 

<div class='quotetop'>QUOTE(Salsawonder @ Jul 8 2006, 01:41 PM) [snapback]283066[/snapback]</div>

Sadly for the royal family of Tonga, it looks like the Ford Explorer's box isn't designed so strong. <_<


http://www.repubblica.it/2006/07/sezioni/e....html?ref=hpsez

<div class='quotetop'>QUOTE(wstander @ Jul 8 2006, 02:10 PM) [snapback]283070[/snapback]</div>

Royals being Royals??? :huh: People who use seatbelts tend to be people who care about preserving their lives - Royal, wealthy, and pauper alike.

“All three people in the SUV, two women and man, died despite wearing their seat beltsâ€
http://www.mercurynews.com/mld/mercurynews...la/14978987.htm

Yep, if I had the choice between flipping in a 4,100lb (5,380lbGVWR) SUV or a 2,890lb (3,795LB GVWR) Prius, I'd take my chances with the Prius.

 

<div class='quotetop'>QUOTE(Sufferin' Prius Envy @ Jul 8 2006, 02:50 PM) [snapback]283082[/snapback]</div>

Well, Princess Diana was not wearing hers, and she was not in an SUV

Oh, have YOU survived landing on the roof of your Prius?

 

<div class='quotetop'>QUOTE(naterprius @ Jul 8 2006, 05:11 PM) [snapback]283133[/snapback]</div>

That is assuming as much as assuming everyone knows the risks of high C-G vehicles...

My cousin sells boats in northern Michigan; he will not sell jet-skis to anyone due to possible injuries and the resultant claims against him.

When I competed in autocross with the local Porsche club, I had to sign waivers; maybe the Hertz folk should do that also.

 

<div class='quotetop'>QUOTE(naterprius @ Jul 8 2006, 05:11 PM) [snapback]283133[/snapback]</div>

Drunk has nothing to do with it. If anything, it would have made matters worse for her.

The inherently dangerous test applies to the conduct of the offender, not the victim's. It has to be inherently dangerous to others. One of the first concepts that is taught in law school is that of the plaintiff with the eggshell skull. The offender does not get a break because the victim is particularly vulnerable. There is a concept in tort law (what is commonly referred to as personal injury law) that is commonly referred to as assumption of risk. That, however, is not a defense in a criminal prosecution.

What did the gravel truck driver do that is inherently dangerous to other motorists in the eyes of the law? Routine traffic infractions cannot be the basis for murder prosecutions. Besides, I do not know if Colorado permits prosecution for murder on an implied malice theory.

 

<div class='quotetop'>QUOTE(naterprius @ Jul 8 2006, 08:00 PM) [snapback]283193[/snapback]</div>

I have been out of law school longer than I care to admit, and I do not practice in this area of the law, so I do not recall the particulars only the resulting rule. However, Wikipedia has a decent discussion of this legal principle.

P.S. The rafting company is not liable unless it was negligent in the first place. Sometimes, accidents do happen when no one is at fault.

 

Suing Ford would be pretty dumb. true the vehicle is prone to flipping but it's not like Ford could make it less flippy without it still being an SUV. You buy one and take the understood precaution while driving it.

 

<div class='quotetop'>QUOTE(naterprius @ Jul 8 2006, 04:05 PM) [snapback]283059[/snapback]</div>

I'm sure Fomoco doesn't build vehicles under the assumption they're going to get whacked at 100 either... Who's to say they would have lived if it hadn't rolled? That's a guess, at best, way too many variables in a wreck of that magnitude...

 

<div class='quotetop'>QUOTE(IsrAmeriPrius @ Jul 8 2006, 03:40 PM) [snapback]283065[/snapback]</div>

Agreed. Dumb biatch. When she gets out of jail, she should never be able to drive again. Dumb biatch.