Accident on Hwy 130

[Rob Tucker]

I know what you mean Jade. It's worse than that. Tragic accidents occur and still nothing much happens.

Punaweb moderator

[Bob Orts]

quote:

---

Originally posted by Damon

"...Police have initiated a negligent homicide investigation"

I wonder who the "Negligent party is going to be".

My guess, is the police will find negligence on the pedestrian.

---

That is just a type of police investigation, not an indicator that anyone is in fact guilty of or even committed the crime. Under Hawaii law negligent homicide is any death as a result of a motor vehicle where another factor such as speeding, DWI, inattention, going the wrong way, etc., could be a contributor. The police investigation is just that the investigation and may result in no charges against anyone or charges against someone. The type of investigation is a descriptor of the investigation process, not that that is the final outcome.

[missydog1]

Doesn't "negligent homicide" refer to causing the death of another through criminally negligent behavior (as opposed to, say, intent to cause harm)?

The pedestrian who died could hardly be found guilty of negligent homicide, as he is the one who died. Even if it is found out to be his carelessness, he didn't commit homicide.

I don't see how anyone but the truck driver could be guilty of homicide, as the proximate cause; the truck driver could also be cleared of responsibility.

Maybe some other party could have been negligent, the driver or the County, but negligence and negligent homicide would be different findings, no?

I feel sad for him and his family. []

[Bob Orts]

Kathy, the terminology "negligent homicide" only refers to the type of investigation. The police need to investigate until they determine if it was or wasn't negligent homicide. As you said, the investigation may show nobody is at fault and it's just an accident. Just like if a person jumped off a bridge and died, it's a "suicide" investigation. If the investigation yields the person died of a heart attack and fell off the bridge, the suicide investigation resulted in a finding of an accident not suicide. In any loss of life tragedy, sensationalism, blame game, and Monday morning quarterbacking is inevitable. I guess the use of the terminology “negligent homicide” made some people assume there was negligence and it was homicide.[]

[missydog1]

Thanks Bob, always appreciate a law lesson from an attorney.

I understood that it referred to the investigation, but I meant was, in cases when there is a finding of negligent homicide after the investigation, what elements are required for negligent homicide to stick?

[james weatherford]

First, to help the uninformed on one point:
'traffic circles' are not what is being promoted.
Modern Roundabouts are most definitely safer for everyone -- drivers, passengers, pedestrians, and bicyclists -- relative to signal lights. There are now hundreds of documented cases of improved safety for everyone when a Modern Roundabout has been installed in appropriate locations to replace signal lights.

...more later...

James Weatherford, Ph.D.
15-1888 Hialoa
Hawaiian Paradise Park

[Bob Orts]

quote:

---

Originally posted by KathyH

in cases when there is a finding of negligent homicide after the investigation, what elements are required for negligent homicide to stick?

---

In the State of Hawaii
1. Someone was killed
2. You were the driver of the vehicle that did it
&
and 3.
1st degree - under the influence of drugs or alcohol (drunk or stoned)
2nd degree - in a negligent manner (like drag racing, or driving while having sex)
3rd degree - with simple negligence (idiot motorist - such as text messaging or being a distracted tourist looking at the sites)

3rd degree only requires that you were doing something that any reasonable person would or could have concluded wasn’t a smart move while driving.

[Jon]

You will never be able to protect people from themselves, no matter how hard you try, people are going to do dumb thing and die.

Had there been a 10 million dollar bus stop with with a 5 Million dollar overhead walkway, someone still walk across the road and get hit.

quote:

---

Originally posted by Rob Tucker

I know what you mean Jade. It's worse than that. Tragic accidents occur and still nothing much happens.

Punaweb moderator

---

-----------------------------------------------------------
I do not believe that America is better than everybody else...
America "IS" everybody else.

[Jon]

Oh I am sorry...."roundabout" then.

How is it safer for the guy trying to get across the road? They are running red lights now, what makes you think they are going to even slow down for the someone walking across? Quite the opposite people will barrel through.

What you are trying to do is make a more polite society, and the roads have nothing to do with that problem.

quote:

---

Originally posted by james weatherford

First, to help the uninformed on one point:
'traffic circles' are not what is being promoted.
Modern Roundabouts are most definitely safer for everyone -- drivers, passengers, pedestrians, and bicyclists -- relative to signal lights. There are now hundreds of documented cases of improved safety for everyone when a Modern Roundabout has been installed in appropriate locations to replace signal lights.

...more later...

James Weatherford, Ph.D.
15-1888 Hialoa
Hawaiian Paradise Park

---

-----------------------------------------------------------
I do not believe that America is better than everybody else...
America "IS" everybody else.

[Green]

It's difficult to barrel through a roundabout that's why they are so effective at managing traffic.