jon_berzerk
Platinum Member
- Mar 5, 2013
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From wikipedia:
In the state of California, depending on the degree of recklessness and whether alcohol was involved, a person could be charged with progressively more serious offenses: vehicular manslaughter, vehicular manslaughter while intoxicated, gross vehicular manslaughter while intoxicated, or second-degree murder. In any of these cases, the prosecution must prove that the driver committed some wrongful act (which could be a felony, a misdemeanor, an infraction, or a lawful act that might cause death) and that the wrongful act caused the collision and the death of the victim. Murder charges are usually reserved for the most egregious cases, such as a convicted DUI offender who drives recklessly while intoxicated and thereby causes a fatal collision.
What "wrongful act" by Jenner resulted in the accident?
Speeding and following too close, both stupid things that are known to be factors in crashes. Jenner is a bad driver.
If they had sufficient evidence to prove that he was doing either of those things, he'd likely be charged.
I believe they do and Jenner admitted as much. When you plow into the vehicle in front of you, it's either because you are going too fast, too close or you aren't paying attention. Jenner's vehicle was checked and brakes were fine. There were no slippery roads. It was Jenner's fault.
"Fault" and "criminally liable" are not the same thing.
liability without fault
the defendant is held criminally liable
for his actions even though criminal intent is absent