TexasCHLforum.com

Jbarn, I don't have access to a police report. Neither do you. I have my opinion. You have yours. I won't say we will have to agree to disagree, because maybe we won't even agree to that. Regardless, we do disagree. And I think, whether you agree or not I believe it to be true, that anyone who went by my slow down to the environment principle, would have likely survived. My opinion. Disagreement welcome. I am done/last post on this topic.

jbarn wrote:
Mistake? She didn't intend to stop in the road?

Mistake? Yes, she made a mistake. Stopping was an error in judgement / action, which is the definition of mistake.

mis·take
məˈstāk/
noun
1.
an action or judgment that is misguided or wrong.

jbarn wrote:

gljjt wrote:She certainly used poor judgement, but I believe there was fault on both sides. You should (almost) always drive at a speed that you can stop for blockage already (not something darting out) in your lane. Slow down to be able to do so. She should be penalized, but not imprisoned. Her mistake, though stupid was not malicious or intentional. She will likely punish herself for the rest of her life. Unfortunately lives were lost. The surviving wife is a saint. Just my opinion.

Mistake? She didn't intend to stop in the road? It was not malicious, but it was intentional. The death was not intentional. It was negligence on her part that caused it.

Let's change things a bit and say YOUR son and his daughter was killed when their motorcycle struck the car of a woman who left it in the fast lane to rescue a duck. And really stop and think. Don't just answer to defend the position you already took.

I was not clear in my statement. Poor/incomplete choice of words. I meant she was not malicious and the RESULT was not intentional. Thanks for the catch.

As far as if it was my family member killed, I would be angry beyond measure. I would want retribution. But with the clarity that comes with not being directly involved, emotionally detached (don't misinterpret that, it does make me sad to think about), I still believe there was likely fault on both sides. If you can't stop for an obstruction in the road, you are going too fast. Can't see around the corner, slow down. Can't see over the hill, slow down. Yes, she was negligent and she should "pay". Blame can be proportional. And she has the lion's share. But the penalty she could get under the law where this occurred is excessive in my opinion.

I still say the wife/mom is a saint. I would hope I could be as forgiving.

She certainly used poor judgement, but I believe there was fault on both sides. You should (almost) always drive at a speed that you can stop for blockage already (not something darting out) in your lane. Slow down to be able to do so. She should be penalized, but not imprisoned. Her mistake, though stupid was not malicious or intentional. She will likely punish herself for the rest of her life. Unfortunately lives were lost. The surviving wife is a saint. Just my opinion.