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am i the cause of my best friend's death?

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7

703040759

Guest
What is the name of your state?CA
I am 21 yrs old an was the driver of an auto accident when i was 20. There were four people in the car , including myself. We all had some alcohol earlier that night, but decided that i was safest to drive. As we entered an inersection at 40 mph that just turned green, another car sped by and i hit it. The driver had a bac of .15 and was over 21. my best friend died on impact. my other two friends were okay. One of them said that my light was green the other one didn't see it. I also am possitive that my light was green. Another witness working near by saw that the light was green, but he was not questioned by a police officer. After the collision i was told many people were yelling at the other driver for running a red light.
Now i am accused of failling to stop at a red light and wreckless driving, causing the death of a human. I wasn't carged with a dui, although my lisence is suspended for a year from the dmv.
My best friend's mother and father blame me for the accident, even though my criminal case isn't finished and am possitive that my light was green.

My best friend's mother and father are now suing my dad and I ( because i was driving my dad's car at the time). they also said i am responsible because i was the driver and i should have told all my passengers to wear their seat belts. Am I the cause of my best friend's death? Even if the I am innocent in my criminal case, can my best friend's family sue my father and I? Can my father be sued because he lend the car to me?
this is my first dui and first car accident. I have only one speeding ticket. Is it possible to get a restricted lisence to drive to school and back? I was under 21 (3 month away from being 21) with a bol of .03 ( a blood test wast taken at the hospital after the accident). Is there any cahance my bol could have increased from the time of the accident and the hospitol? My hearing to talk to the dmv anout my suspended lisence has passed, but is there away i can try to get my lisence back or at least get a restricted permit?
 


You Are Guilty

Senior Member
703040759 said:
What is the name of your state?CA
I am 21 yrs old an was the driver of an auto accident when i was 20. There were four people in the car , including myself. We all had some alcohol earlier that night, but decided that i was safest to drive. As we entered an inersection at 40 mph that just turned green, another car sped by and i hit it. The driver had a bac of .15 and was over 21. my best friend died on impact. my other two friends were okay. One of them said that my light was green the other one didn't see it. I also am possitive that my light was green. Another witness working near by saw that the light was green, but he was not questioned by a police officer. After the collision i was told many people were yelling at the other driver for running a red light.
Now i am accused of failling to stop at a red light and wreckless driving, causing the death of a human. I wasn't carged with a dui, although my lisence is suspended for a year from the dmv.
My best friend's mother and father blame me for the accident, even though my criminal case isn't finished and am possitive that my light was green.

My best friend's mother and father are now suing my dad and I ( because i was driving my dad's car at the time). they also said i am responsible because i was the driver and i should have told all my passengers to wear their seat belts. Am I the cause of my best friend's death? Even if the I am innocent in my criminal case, can my best friend's family sue my father and I? Can my father be sued because he lend the car to me?
this is my first dui and first car accident. I have only one speeding ticket. Is it possible to get a restricted lisence to drive to school and back? I was under 21 (3 month away from being 21) with a bol of .03 ( a blood test wast taken at the hospital after the accident). Is there any cahance my bol could have increased from the time of the accident and the hospitol? My hearing to talk to the dmv anout my suspended lisence has passed, but is there away i can try to get my lisence back or at least get a restricted permit?
At least partially, yes; yep; sure;possible, but not likely; dunno - did you down a few brewskis in the back of the ambulance on the way?; have you considered bribery?
 
7

703040759

Guest
sorry. i wasn't sure which category my inquery would fall under. i will remember that next time.
 

violetb

Member
My son was in similar accident with the driver being charged with voluntary manslaughter but ended up being reckless driving but he did not have a DUI. This is very serious as you know. If the light was green, you are probably not at fault but who knows. As far as your father being sued, it really is the insurance company, and of course, remember your friend's parents are grieving as I am sure you are , too for the loss.
 
7

703040759

Guest
i'm just a little confused at what to do. i'm not sure if i should talk to her parents about settling on how much money they want or if i should just have my attorney handle everything. I'm close to the family, but don't have much money because i am only a college student, but my parrents want to help with funeral expenses and other cost (pain and suffering etc.) how much do families usually want in this case?
they tell me they want me to visit them, but they also said they get angry when they see me. I just hate knowing the fact that my best friend's parents blame me for the death of their daughter and i want to do anything I can to ease some of their pain. I know i am partially responsible for her death and it's really hard for me to get through the day knowing this.
 

stephenk

Senior Member
what do you mean talk about settling with her parents? they have an attorney, right? you are not allowed to talk to them and they are not allowed to talk to you. All conversations regarding the case and the accident and settlement have to go through your respective attorneys.

In any event, with whose money are you going to settle the case with? your insurance carrier isnt going go along with your attempts to settle with the parents.

Call your attorney and talk to him/her about your concerns. Believe me, your questions are not unusual.

Finally, it isnt your fault your friend failed to wear her seatbelt or to drink. Was she also under 21?
 
7

703040759

Guest
yes, she was also under 21. she was 5 days older than me. and than you for your advice.
 

I AM ALWAYS LIABLE

Senior Member
stephenk said:
Finally, it isnt your fault your friend failed to wear her seatbelt

My response:

I beg to differ with my brethren, and good friend, StephenK. I ask that he brush up on the Motor Vehicle Safety Act. After reading the cogent sub-sections, below, I think you'll agree that our writer did, in fact, contribute to killing her friend.

IAAL


Vehicle Code section 27315.

(a) The Legislature finds that a mandatory seatbelt law will
contribute to reducing highway deaths and injuries by encouraging
greater usage of existing manual seatbelts, that automatic crash
protection systems which require no action by vehicle occupants offer
the best hope of reducing deaths and injuries, and that encouraging
the use of manual safety belts is only a partial remedy for
addressing this major cause of death and injury. The Legislature
declares that the enactment of this section is intended to be
compatible with support for federal safety standards requiring
automatic crash protection systems and should not be used in any
manner to rescind federal requirements for installation of automatic
restraints in new cars.
(b) This section shall be known and may be cited as the Motor
Vehicle Safety Act.
(c) (1) As used in this section, "motor vehicle" means any
passenger vehicle or any motortruck or truck tractor, but does not
include a motorcycle.
(2) Until May 1, 2000, for purposes of this section, a "motor
vehicle" also means any farm labor vehicle that was first issued an
inspection certificate under Section 31401 on or after October 1,
1999.
(3) On and after May 1, 2000, for purposes of this section, a
"motor vehicle" also means any farm labor vehicle, regardless of date
of certification under Section 31401.
(d) (1) A person may not operate a motor vehicle on a highway
unless that person and all passengers 16 years of age or over are
properly restrained by a safety belt.
This paragraph does not apply
to the operator of a taxicab, as defined in Section 27908, when the
taxicab is driven on a city street and is engaged in the
transportation of a fare-paying passenger. The safety belt
requirement established by this paragraph is the minimum safety
standard applicable to employees being transported in a motor
vehicle. This paragraph does not preempt any more stringent or
restrictive standards imposed by the Labor Code or any other state or
federal regulation regarding the transportation of employees in a
motor vehicle.
(2) The operator of a limousine for hire or the operator of an
authorized emergency vehicle, as defined in subdivision (a) of
Section 165, may not operate the limousine for hire or authorized
emergency vehicle unless the operator and any passengers four years
of age or over and weighing 40 pounds or more, in the front seat are
properly restrained by a safety belt.
(3) The operator of a taxicab may not operate the taxicab unless
any passengers four years of age or over and weighing 40 pounds or
more, in the front seat are properly restrained by a safety belt.
(e) A person 16 years of age or over may not be a passenger in a
motor vehicle on a highway unless that person is properly restrained
by a safety belt.
This subdivision does not apply to a passenger in
a sleeper berth, as defined in subdivision (v) of Section 1201 of
Title 13 of the California Code of Regulations.
(f) Every owner of a motor vehicle, including every owner or
operator of a taxicab, as defined in Section 27908, or a limousine
for hire, operated on a highway shall maintain safety belts in good
working order for the use of occupants of the vehicle. The safety
belts shall conform to motor vehicle safety standards established by
the United States Department of Transportation. This subdivision
does not, however, require installation or maintenance of safety
belts where not required by the laws of the United States applicable
to the vehicle at the time of its initial sale.
(g) This section does not apply to a passenger or operator with a
physically disabling condition or medical condition which would
prevent appropriate restraint in a safety belt, if the condition is
duly certified by a licensed physician and surgeon or by a licensed
chiropractor who shall state the nature of the condition, as well as
the reason the restraint is inappropriate. This section also does
not apply to a public employee, when in an authorized emergency
vehicle as defined in paragraph (1) of subdivision (b) of Section
165, or to any passenger in any seat behind the front seat of an
authorized emergency vehicle as defined in paragraph (1) of
subdivision (b) of Section 165 operated by the public employee,
unless required by the agency employing the public employee.
(h) Notwithstanding subdivision (a) of Section 42001, any
violation of subdivision (d), (e), or (f) is an infraction punishable
by a fine of not more than twenty dollars ($20) for a first offense,
and a fine of not more than fifty dollars ($50) for each subsequent
offense. In lieu of the fine and any penalty assessment or court
costs, the court, pursuant to Section 42005, may order that a person
convicted of a first offense attend a school for traffic violators or
a driving school in which the proper use of safety belts is
demonstrated.
(i) In a civil action, a violation of subdivision (d), (e), or (f)
or information of a violation of subdivision (h) does not establish
negligence as a matter of law or negligence per se for comparative
fault purposes, but negligence may be proven as a fact without regard
to the violation.
(j) If the United States Secretary of Transportation fails to
adopt safety standards for manual safety belt systems by September 1,
1989, no motor vehicle manufactured after that date for sale or sold
in this state shall be registered unless it contains a manual safety
belt system which meets the performance standards applicable to
automatic crash protection devices adopted by the Secretary of
Transportation pursuant to Federal Motor Vehicle Safety Standard No.
208 (49 C.F.R. 571.208) as in effect on January 1, 1985.
(k) Each motor vehicle offered for original sale in this state
which has been manufactured on or after September 1, 1989, shall
comply with the automatic restraint requirements of Section S4.1.2.1
of Federal Motor Vehicle Safety Standard No. 208 (49 C.F.R. 571.208),
as published in Volume 49 of the Federal Register, No. 138, page
29009. Any automobile manufacturer who sells or delivers a motor
vehicle subject to the requirements of this subdivision, and fails to
comply with this subdivision, shall be punished by a fine of not
more than five hundred dollars ($500) for each sale or delivery of a
noncomplying motor vehicle.
(l) Compliance with subdivision (j) or (k) by a manufacturer shall
be made by self-certification in the same manner as
self-certification is accomplished under federal law.
(m) This section does not apply to a person actually engaged in
delivery of newspapers to customers along the person's route if the
person is properly restrained by a safety belt prior to commencing
and subsequent to completing delivery on the route.
(n) This section does not apply to a person actually engaged in
collection and delivery activities as a rural delivery carrier for
the United States Postal Service if the person is properly restrained
by a safety belt prior to stopping at the first box and subsequent
to stopping at the last box on the route.
(o) This section does not apply to a driver actually engaged in
the collection of solid waste or recyclable materials along that
driver's collection route if the driver is properly restrained by a
safety belt prior to commencing and subsequent to completing the
collection route.
(p) Subdivisions (d), (e), (f), (g), and (h) shall become
inoperative immediately upon the date that the United States
Secretary of Transportation, or his or her delegate, determines to
rescind the portion of the Federal Motor Vehicle Safety Standard No.
208 (49 C.F.R. 571.208) which requires the installation of automatic
restraints in new motor vehicles, except that those subdivisions
shall not become inoperative if the secretary's decision to rescind
that Standard No. 208 is not based, in any respect, on the enactment
or continued operation of those subdivisions.
 
Last edited:

violetb

Member
Again, repeating what Stephen said---let your attorney handle your case. The insurance company will take care of your friend's parents. Her parents are having a hard time dealing with her death as we all would. Perhaps you could just send a note of condolence for now, but for goodness sake , don't put in the note that it was your fault. Leave that up to the judge and your conscience. This will follow you the rest of your life no matter what the court rules. By the way, you should be able to get a restricted license to drive to school and back. Again, talk to your lawyer.
 

stephenk

Senior Member
Subsection (i) proves my point. Her lack of wearing a seatbelt is not his fault in causing her death. He may have caused the accident, but her decision to not be belted is the reason she died. Plus, the poster did not post whether he knew she was not belted when he first drove or if she later removed her belt.
 

I AM ALWAYS LIABLE

Senior Member
stephenk said:
Subsection (i) proves my point. Her lack of wearing a seatbelt is not his fault in causing her death. He may have caused the accident, but her decision to not be belted is the reason she died. Plus, the poster did not post whether he knew she was not belted when he first drove or if she later removed her belt.

My response:

Sorry, Stephen. Wrong again. Subsections (d) and (e) place the onus on both driver AND passenger. That's why both can be ticketed for the infraction - - except in this case - - one of them died - - so, you can't ticket that person.

And, you're failing to read the last part of the sentence in subsection (i) which says, " . . . but negligence may be proven as a fact without regard to the violation."

So, Plaintiff's counsel asks, "Did you see to it that all other persons were belted into their seats before you operated the car that night?"

No?

"Did you look to see that your friends REMAINED in their seatbelts prior to the accident?"

No?

End of story. Our writer is sunk.

IAAL
 
7

703040759

Guest
so if the other car was at fault for running the red light, would i still be at fault for killing my friend because i failed to check if her seat belt is on while i was driving?
 

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