stealthdrake

From the Atlanta Journal Consitution

The big deal here is that the person who was racing and did not lose control is still being charged with first degree vehicular homicide and is facing 8.5 years behind bars.

If you are going to race, keep it at the track.

GS Dave

Out here in Cali, they charge you the same way. I think this is going to be a national trend. I don't think anyone has been convicted for 1st degree though, they usually get vehicular manslaughter or something like that. I agree, take it to a track.

I am RobG

i hate how they always try to blame it on the parents...leave the parents outta of it! sometimes kids dont listen, its in our nature...its our fault not the parents

GS Dave

I guess I should have read this before posting earlier, Vehicular homicide out there is equivalent to manslaughter here. People here get charged with 1st degree murder.

As for charging the parents, it looks like there were complaints from the neighbors, and some traffic violations involved. If she was reckless, and they didn't take her driving privledges away, they should be held somewhat responsible. I don't think criminally responsible, just civilly. Anyway, 8.5 years for the girls seems like a light sentance to me.

1SICKLEX

Uhh, the BMW had bald tires. SO the if the parents let her drive the car, KNOWINGLY the tires were bald, they are partially to blame. Keep the car in top running condition, especially if u got kids driving your car.

16 years old and 90mph with blad tires= what we just read, a disaster.

18anatak

i dont think you can blame the parents, maybe they told her to not drive like that, because the tires were bald. who knows? maybe they constantly warned her about her driving, but what teenager is going to listen. what it boils down to is that you should be held responsible for your actions, dont try to shoulder more blame on people who werent there and didnt know what was going on. im' willing to guess if the tires werent being pushed to the limit by a less-skilled driver, they would have help up fine. i'd bet that if that bmw was driving normally, going 55, that would not have happened. blame the girl who went almost double the speed limit racing illegally, not the parents who were unaware of her actions.

1SICKLEX

I am not blaming the parents for her speeding. THat is her fault. But if they are PERMITTING her to use THEIR car, they need to make sure it is in TIP TOP shape.

I would never let a friend, let alone a child drive my car if I knew my tires were bald. *

F23A4

16 y/o kid driving a BMW (or any other car) w/another teen; gee those parents SHOULD BE charged with a felony!!

When my kid starts driving, I'LL the only front seat passenger!!

darrinb

only in america

scalbert

Amen Mike, I couldn't agree more so... It is the owner’s responsibility to make sure the car is in proper order and if not; restrict the use of the vehicle.

KC CL 1785

PARENTS NEED TO CONTROL THEIR KIDS, nough said

I am RobG

so you're saying that not one of you here have ever disobeyed your parents?? even if my parents said "the tires are bald rob i dont want you driving it" i'd still say thats great i'm leaving....stop blaming the parents, its people like this that ruin society....let me guess kids are drinking at a house and the parents dont know about it, and somethin happens its the parents fault also? you guys are ridiculous...let me guess..."it was the music that caused the columbine incident"...stop trying to blame others, let them take responsibility for their own actions....I got caught racing...so its my parents fault because i modded my car and raced?

scalbert

If the child is that defiant to begin with there has been historical lack of discipline. It is the parents duty to control their child and bring them up in a respecting fashion. But regardless, if the parent owned the vehicle it is their responsibility to maintain the vehicle.

The second example you cite has to be further defined. Were the parents home?? If so they better damn well know or at least have an idea of what is going on.

I do agree that people need to accept blame but I believe you looked at it in a narrow manner. The parents provided an unsafe vehicle to their child to drive. Shouldn't they own up to the responsibility they failed at?? It is not about blame, it is about taking care of your own business which the parents failed to do. Had they maintained the vehicle the accident might not have happened. They dodged their responsibility and should be held accountable.

This also does not include the aspect of known unsafe driving habits by a new driver. But there are too many details unknown to make judgment here.

So who is responsible:

A. The girl driver
B. The parents for providing an unsafe vehicle and possibly not saying 'NO' to her enough
C. The other girl driver

These are the only people involved who could have prevented the accident and they should be responsible for their actions. Not holding someone accountable is what hurts society, allowing there to be only victims.

I am RobG

its the girls fault and the girl only its not the parents fault.

1SICKLEX

I hope u don't represent ANYONE in court with that statment.

I am RobG

actually i do i'm a 19 year old full time lawyer....

scalbert

By that line of thinking, if two ten year old boys find their parents gun and one of them is accidentally shot and killed, it is the other child's fault?? The parents have no responsibility in this event??

I agree, it is the girls fault. But the parents should shoulder some of the responsibility since it was THEIR car that THEIR daughter was driving which was unfit to be driven. What about the other driver, should they be held accountable??

If the car had a leaking gas tank, caught on fire and the passenger was killed. Would that be the daughters fault too??

scalbert

I hope you have legal aids to proof your statements... :P

330RWHP

What if the tires were brand new and just blew out (it does happen), and she lost control and wrecked, would you still think the parents were responsible?

Whether the tires were bald or not SHE was the one racing, SHE was the one going 90+ in a 55. It's HER fault, NOT her parents.

Bald tires themselves do not cause you to lose control. Combine bald tires w/ exceeding the limits of the vehicle and/or conditions, then you have problems. She ran out of talent, then ran out of road....

1SICKLEX

You must work in the mailroom. Your arguments are not of lawyer caliber, even the $3.99 ones. Since this has happened before, I would simply state a previous case that sets the precedent for these types of incidents(if I was a lawyer).

BMWs don't lose control at 90 mph. THat is what they are built for. But an improperly maintained one will cause hella problems. It's like if the parents had worn the brakes down and let their kid drive it. That is irresponsible.This was not the case. No blown tire was found.

I KNOW, I've been young and dumb and WILLINGLY driven over 100mph on BALD TIRES. I almost got in an accident. At that speed, especiallly RWD, you put yourself in GRAVE danger. One slip and your gone (oil, rain, a slight turn).

I am not saying it is TOTALLY the parents fault. I WANT to know did they let her drive the car, KNOWING it had bald tires.

scalbert

No one is saying it isn't her fault; please show where this was stated. But there can often be others at fault and partially accountable to varying degrees. Such as with the other 16 year old driver of the car the subject girl was racing. She will be held accountable for her portion of the crime but not to the extent the driver should and will face.

With the amount of rain we have had recently I am appalled that a parent would allow their child to drive a vehicle with unsafe tires. Bald tire in the rain are very dangerous regardless of the driver experience. Would you let your children (if you have or ever will) drive an unsafe vehicle?? Would you give your vehicle to a friend when, especially considering the weather conditions, to drive with bald tires?

This issue is compounded since the parents were informed of their child's driving habits by neighbors. So the parent allowed their amateur driver, who has a known history of speeding, to use an unsafe vehicle in detrimental weather conditions. Yes, the girl is at fault, will be found guilty and given an appropriate sentence. But the parents should, and most likely will, face lesser charges for their supplying of the unsafe vehicle.

Whose responsibility is it to maintain the operation of the vehicle?? It was the parents and based on GA State law they are at fault for a lesser crime. Had the vehicle been properly maintained there most likely, but not definitely, would not have been this fatal accident. This girl was 16, not 17 or 18 when she could be on her own, and still under the guardianship of her parents.

In the end, maybe a little more attention and discipline by the parents would have prevented this.

I am RobG

but like someone said before, you guys dont know if the parents said "dont drive the car the tires are bald" and she did anyway, its controversial

scalbert

It is the parents responsibility to insure they do not drive the car, etc. She is the parents responsibility until she becomes and adult, which she is not.

I am RobG

and the kids finding the parents gun thing is completely different, thats comparing and apples to oranges.

Kids disobey their parents, everyone on this board has done it and nobody on this board knows what the parents said to that girl and what the girl said to the parents. She sped, she crashed, its her fault, leave the parents out of it. They wanna prosecute someone for having "bald" tires, thats ridiculous.

Take this for example...you have bald tires, you're on your way to the shop to get them changed, you crash and kill someone, you automatically get tried because your tires were bald?

scalbert

The comparison with the gun does have parallel ground. The parents most likely told the kids to not touch the gun but, as you state, they will be defiant. It is the parents responsibility to make sure it is properly stored or, and even better, teach the child about proper gun safety if locking up of the gun is not done.

Regardless of whether or not she was told not to drive the car, it was her car and it should not have had bald tires to begin with. If it did the parents should have taken the keys. There are many simple things which the parents could have done to prevent this which they failed at.

In you example, yes, you are at fault. They should never have gotten to this condition. If your bumper is falling off and eventually does, it is your fault if someone is hurt. In either case, you neglected to maintain your own property and as a result someone was injured or killed. If someone is responsible enough to own a license, own a vehicle and drive it they should certainly be expected to be responsible in maintaining a safe vehicle for themselves, any passengers and any other motorist.

In the end the girl will be brought up on a manslaughter charge and will be convicted, AS SHE SHOULD BE. Not to mention she will have to live with this the rest of her life. Had her parents handled their responsibilities they wouldn't be watching their daughter go through this which will damage her future life

At the same time the parents will be brought up on a misdemeanor and face an insignificant fine for providing an unsafe vehicle. So the parents should be left alone and not fined for their violation of State Law??

bags

My 2 cents on all of this....... if she was driving a 1985 ford tempo or a geo metro , this would not have happened.

WHY does a 16 y/o kid have access to a BMW 5 series... It looked like a 5 series form the pics of the wreck I saw, I may be inccorrect

To much car for an inexperienced driver

scalbert

I agree, too much vehicle for an amatuer driver...