Wednesday, May 7, 2014

Taking Responsibly Not Always Best Policy

Truck driver in fatal Route 222 crash told police, 'It's all my fault. I did this,' records say
"... was sent without bail to Lehigh County Prison."
.


COMMENTARY
Believe me when I say there's no stronger advocate for someone taking personal responsibility then I. However when someone's involved in an accident it is not time to make such a statement. It's best to remain with lips sealed until such a time as they have legal representation. Save the honesty and offers of restitution for the court room under advice from an attorney.

No one's saying someone shouldn't clear their conscience and be honest, but that's best left to a time when any such statement won't be able to be used against them to the max.

Let me explain. I was friends with a fella who started out on his destiny to become a lawyer at Temple University Law school. The question was presented, suppose you were sitting at a red light waiting to make a left turn. Someone driving a ratty old pickup without a license comes up behind you and rams into you. Your car is then propelled across the intersection into a double parked private limousine. Who do you sue?

The answer is the limousine.
Why?
Because he's the one most likely to have money.

A lawyer can argue that if the limo wasn't parked illegally in the first place you injuries may never have occurred. The defendant's attorney on the other hand could counter sue arguing if your vehicle's wheels weren't cocked in the limos direction none of this would have happened in the first place. In the end you (the victim) could be found guilty as well as the person who hit you from behind irregardless of what charges were filed by the police when it comes to civil liability claims.

I bring this up because according to the article "Police said the impact pushed the minivan into southbound traffic." Which direction were the wheels pointed on the minivan that might have caused it to veer into southbound traffic?

So no matter how well intended, by stating "It's all my fault", this guy made it nearly impossible for a lawyer to defend him. I am in no way trying to look for a way to get this guy off the hook, but he's made things so much worse for himself then need be. As you see he's been locked up without bail. He could end up owing multimillions dollars in lawsuits, paying for highway cleanup, traffic fines and/or even spend decades behind bars. Quite possibly he won't be able to get commercial motor vehicle insurance ever again either.

I'm sure when this 56 year tractor trailer driver woke up that morning he had no intention of killing someone. He seems to be a honest guy. His honesty will not be rewarded. It would have been so much better for him to 'zip-it' until such a time where it would be more legally appropriate to do so.

I urge anyone who ever gets involved in an accident provide only the minimal details required for police to file their accident report. Save the explanations, apologizes and confessions no matter how compelled or well intended. The road to hell is paved with good intentions. Besides all the admissions in the world will not change what happened.

There's nothing barring someone from rendering aide and comfort, but don't necessarily expect that to be a consideration by a jury in a court of law after admitting total responsibility. The sad fact is, no matter how well someone may feel inside about coming clean, it matters little to others when meting out punishment.

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