mrmikey
Elite Member
Really, why shouldn't he be..................Mike
Share Pics of People Hauling or Towing Something Wrong
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goeduck
Super Star Member
Intent if I speculate on what you are thinking. Not that he was not at fault, but it depends on the "crime" he could/would be charged with.
BigBlue1
Elite Member
Because all the facts aren't known yet. Charges are brought based on facts, not emotional reactions.
Straps work loose. Odd shaped equipment shifts unexpectedly, especially when multiple pieces are together. Accidents can happen. And so can negligence. Once they figure out what happened they'll respond accordingly.
goeduck
Super Star Member
Out here it certainly could be an infraction for failure to secure a load.
ning
Elite Member
I could see it being considered negligent homicide if laws regarding the securing of equipment were broken, or reckless homicide (if he's been cited before).
Regardless, it's involuntary homicide, and he should be tried for that - even if he doesn't get jail, this needs to follow him - his actions directly resulted in someone dying.
Regardless, it's involuntary homicide, and he should be tried for that - even if he doesn't get jail, this needs to follow him - his actions directly resulted in someone dying.
two_bit_score
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So let’s just dispense with jury trials, judges, defense and prosecuting attorney, police investigators and appeals courts. We can take a poll based on news reports of the incidents. Save a lot of money.
You should hope if you are ever in an accident that nobody who thinks like you is on the jury.
5030
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Me, I never play Perry Mason...
two_bit_score
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You would probably fit the Hamilton Berger role best.
Code54
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Way too many unknowns - straps break. So with some of the statements on here if you secure something properly and a defective strap breaks causing an accident and someone is killed you should be tried and go to jail????
People pull out of side streets daily and cause accidents, was there intent, no, do they need charged, nope. It is an accident even when an unfortunate injury occurs. If we did as some say, EVERY "accident" would be a crime - talk about the courts being busy and overburdened.
People pull out of side streets daily and cause accidents, was there intent, no, do they need charged, nope. It is an accident even when an unfortunate injury occurs. If we did as some say, EVERY "accident" would be a crime - talk about the courts being busy and overburdened.
SouthernSky
Platinum Member
My litmus test if the load is secured properly is to drive down my crappy driveway. If it doesn’t come loose when I check it at the end, I’m good for the speed test on a real road. If it then doesn’t flutter in the wind, I figure I’m good.
In all seriousness, I overstrap the heck out of everything. If the state (Louisiana) require two chains for my equipment, I put four. Maybe that’s because I’ve not only been stuck by a flying piece of plywood when it hit my windshield from someone’s load, but also because I watched a tractor roll off the back of a truck in front of me when he went up a hill, barely missing me as it rolled to a ditch.
So, yeah, the I believe the vehicle operator should be held responsible for his load, accident or not, and the seriousness of the punishment based on the actual end result.
In all seriousness, I overstrap the heck out of everything. If the state (Louisiana) require two chains for my equipment, I put four. Maybe that’s because I’ve not only been stuck by a flying piece of plywood when it hit my windshield from someone’s load, but also because I watched a tractor roll off the back of a truck in front of me when he went up a hill, barely missing me as it rolled to a ditch.
So, yeah, the I believe the vehicle operator should be held responsible for his load, accident or not, and the seriousness of the punishment based on the actual end result.