I was in a situation where i accidentally ran out in front of someone the other car smashed into me and flipped there was a little baby that wasnt buckled up so it died in the car accident the other two people were ok, the thing is the way the road was setup it kinda takes you by surprise, and the stop sign was small and for new people to the road u couldnt see the stop sign it was dark also it was just a dangerous intersection, i found out later there had been so many accidents that happen there so frequently and the state has done nothing to fix the problem, I know that technically that is manslaughter, but really I didnt do this on purpose and it wasnt really my fault so iam looking for some legal advice as to what to do if they do try to sew me,.I need some legal advice on a car accident?
how did you manage to ';run across a road';...accidently?... it doesnt matter what the state of the road is...You need to have a self awareness of danger!...And you should not cross the path of vehicles...without exercising the highway code rule...look right,left and right again...(or reversed in countries that drive on the right)...when you can see ';clearly'; both ways!...this also applies to motorised vehicles...this sort of accident is quite common...when people ';think'; its clear!...instead SEEING its clear...the judge will always rule by the code...in short!...i think you've got a problem...I need some legal advice on a car accident?
I want to introduce you to a new invention. It's called the ';period'; and it helps you divide up your thoughts so other people can read them.
You don't get sued for manslaughter. Manslaughter is a crime, and only the district attorney can charge you for a crime. What you can get sued for is negligence or wrongful death. If they sue you, you will need a lawyer (although your insurance company will provide one for you). My legal advice is that you shouldn't ask for legal advice on Yahoo! Answers. Ask a lawyer who lives in your state and is familiar with your state's laws. And please, for the love of Pete, drive more carefully.
To tell you the truth you may likely get sued in civil court (their insurance company will go after yours to get the maximum bodily harm from your insurnace policy). But, I would seriously be surprised if you weren't charged and prosecuted by the state. The size of the stop sign, that it is a dangerous intersection, and that the state didn't do anything about it are irrelevant to whether or not you can be sued or charged. You clearly caused the accident, you don't deny this, and so you will definitely be held liable. The mitigating facts you propose would only be helpful to use as defense at your trial.
If you have auto insurance, report the matter to your auto insurance carrier. If the child was not in an approved car seat, the owner and driver of the car are negligent. If you failed to stop for a stop sign, it will be difficult to escape liability.
You cannot stop the other party from suing you. But you can name the state and driver of the other car as additional defendants.
You should hire an attorney and have an accident reconstruction done by an expert to determine if there were any conditions at the scene that were not up to code.
If you are charged with any kind of homicide, you will need a criminal defense attorney.
Yours is a tragic situation, but you will just have to deal with it.
It depends on if you were jaywalking or not. If you were jaywalking, then you are at fault, and they will be in the right to sue you. If you were crossing at an intersection, you had the right of way, and the driver is responsible because they hit you and were neglectful of their child (which makes them at fault for manslaughter, not you.)
Thats realy is terrible but i am not sure what country you are in in the uk where i am you would not be sewed my insurance company would be and i would be up for manslaughter because for you not to have noticed the Stop sign and be unable to stop at the interstection in time you cant have been driving with due care and attention if this results in death = manslaughter which it did .
it was an accident however your action resulted in the death of a child weather or not it was buckled in. unless you are filthy rich your insurance company will get sued and not you....I hope you have insurance
If you weren't ticketed because you ';accidentally ran out in front of someone'; (what the hell?) then it's likely there's no criminal voluntary manslaughter charge to worry about.
You might still be sued civilly for wrongful death and other damages , but depending on where you live you'd either have to be (a) more negligent than the other driver to be held liable, or not be held liable at all (b) negligent in any degree whatsoever, which means if you are 10% at fault you pay 10% of any damages. it varies from state to state.
If you are sued, you will likely need an attorney but i hope this info is a start.
l8r
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