45
votes
Accepted
If I cause a crash can I delete my dash cam footage?
As an example, under the laws of Colorado, USA, deleting the footage would be a crime. See CRS 18-8-610:
A person commits tampering with physical evidence if, believing that an official proceeding ...
- 30.1k
32
votes
Why is it inadvisable to apologise for a car accident?
canada
Most provinces and territories have enacted something like an Apology Act. For example, the Quebec Civil Code says:
An apology may not constitute an admission.
Furthermore, it may not be ...
- 66.4k
29
votes
Does speeding turn an accident into manslaughter?
germany
This development is rather recent, let's say the last decade or two: depending on circumstances, if the speeding was so reckless that it can only be seen as acceptance to eventually kill ...
- 9,552
26
votes
If I cause a crash can I delete my dash cam footage?
If things go to court, and the court knows that camera evidence existed, then two things can happen: 1. You may be in trouble for destroying evidence. 2. In a civil court, the judge can and likely ...
- 35.1k
23
votes
Accepted
Is homicide by misadventure illegal?
“homicide by misadventure." . . . is when somebody accidentally
kills somebody else while engaged in a legal activity and without any
intent to cause harm.
There is a criminal offense sometimes ...
- 230k
22
votes
Does a purely accidental act preclude civil liability for its resulting damages?
In Common Law Countries
In common law countries, Dale M. is right (the vast majority of the time).
Without negligence there is usually no liability for damage to property in an accident. The general ...
- 230k
22
votes
Why is it inadvisable to apologise for a car accident?
Historically, an apology could be taken as an admission of wrongdoing
Your apology could be introduced as evidence that you knew:
Something bad happened
You were the cause of it
You accept that you ...
- 219k
21
votes
Accepted
Neighborly liability?
You can start here, with the attractive nuisance doctrine, which is aimed at children and the fact that they don't have adult common sense. The extent to which you are at risk depends on your ...
- 216k
17
votes
Does speeding turn an accident into manslaughter?
Specifics vary by state, but yes, excessive speeding/reckless driving could lead to vehicular manslaughter
united-states
In the United States the answer varies by state, as most things do. According ...
- 279
16
votes
Accepted
Does a purely accidental act preclude civil liability for its resulting damages?
This is a rule, indeed a common law expression, about a "pure accident without negligence on the part of" a person, dating back in England to at least 1863; in the US found in Culbert v. ...
- 216k
15
votes
Accepted
Renting a car and liability
The law with regard to this issue varies from one place to another.
Most jurisdictions do not impose liability for car accidents caused by human error on the owner of the car automatically, unless the ...
- 230k
14
votes
Does speeding turn an accident into manslaughter?
Manslaughter is rarely brought for vehicle deaths
new-south-wales
The only circumstances where murder or manslaughter charges would be considered is where the vehicle was being used intentionally as a ...
- 219k
12
votes
Accepted
Who is at fault in a car accident when running a red light?
The apportionment of fault will be highly case specific, based on ordinary principles of negligence.
In one example, the fault was apportioned with 60% of the fault to the late left turner and 40% of ...
- 66.4k
11
votes
Accepted
Can you charge someone with perjury during a traffic stop
As far as I know, every jurisdiction in America limits perjury to cases of lying under oath. Because it seems unlikely that the driver would be under oath at this point, you would probably lack ...
- 61.6k
11
votes
Accepted
Damaged library books by accident
If this is a public library in England or Wales, then they are allowed to charge for lost or damaged items, at their discretion, even though there is a general duty for libraries to make their normal ...
- 7,455
10
votes
Accepted
Hit during traffic stop
In principle, police are liable for the safety of anyone they detain. If an officer creates a hazardous condition, as was described in this scenario, he or his agency (which effectively means the ...
- 22k
10
votes
Does a purely accidental act preclude civil liability for its resulting damages?
I'm in germany.
If this were true in general, there wouldn't be any need for liability insurances to cover exactly these cases that ohwilleke describes as "shit happens", i.e. where the ...
- 1,692
10
votes
Does speeding turn an accident into manslaughter?
england-and-wales
The offence of causing death by dangerous driving was first introduced by the Road Traffic Act 1956. One of the drivers behind this (no pun intended) was the observation that juries ...
- 435
9
votes
If I cause a crash can I delete my dash cam footage?
Under UK law this could be considered Perverting the course of justice, which includes The disposal, or fabricating, of evidence.
There are defences you can use such as Genuine mistake or error. So ...
- 377
9
votes
If a 12 year old child uses his mother's car without her consent
Depending on the country (not mentioned), the mother may be at fault for not keeping the car out of the hands of her son, but on the other hand, it seems quite impossible to 100% prevent a determined ...
- 35.1k
9
votes
Accepted
When must someone identify themself after damaging someone else's property?
The requirement for the driver to "give his name and address and also the name and address of the owner and the identification marks of the vehicle" used to not apply to car parks, but now ...
- 7,455
9
votes
Suing lease financing Company
No. Federal law specifically releases the leasing company from liability.
49 U.S. Code § 30106 Rented or leased motor vehicle safety and responsibility
(a) In General.—An owner of a motor vehicle ...
- 3,739
8
votes
What possible penalties can there be for failing to comply with rule 286 of the UK highway code?
In the event that one (or more) of the following applies:
Personal Injury, or
Damage to a Vehicle, or
Damage or Injury to an Animal
Damage to Property attached to the road where the accident occurred
...
- 4,743
8
votes
Does speeding turn an accident into manslaughter?
Each jurisdiction has its own laws on the subject. But, generally, manslaughter statutes require a mens rea of either recklessness or criminal negligence.
Speeding, even if amounts to negligence for ...
- 230k
7
votes
What if persons involved in the accident with the same Insurance company?
You have been told that the other person's insurance may not be valid. Why it may not doesn't really matter, perhaps the other person didn't pay premiums or lied on an application. So the situation is ...
- 114k
7
votes
Accepted
Harming a nearly dead person
Does he die from the poison or from the head injury?
If it's from the poison, yes, Alice is guilty of murder. If it's from the head injury, Alice is guilty of attempted murder.
If Bob dies from a ...
- 61.6k
7
votes
Accepted
What are the Legal obligations of a bicyclist who accidentally scratches one’s empty parked car?
According to Rule 286 of the Highway Code then the actual legal requirement doesn't mention an exchange of insurance details.
If you are involved in a collision which causes damage or injury to any ...
- 407
7
votes
What is the correct traffic pattern for this intersection?
I believe that the relevant regulation is:
British Columbia Regulation 26/58 42.02 (Motor Vehicle Act Regulations: Rules for use of high occupancy lanes)
(2)A driver of a vehicle that is not a high ...
- 1,669
6
votes
What would be the fastest way to sue someone in a traffic accident? Post Accident Legal Strategies
Short answer
The general approach and attitude that you propose is a horrible one that would bring an unfavorable result. It would add many months or years to the time when the case would mostly ...
- 230k
Only top scored, non community-wiki answers of a minimum length are eligible