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Woman charged in fatal 370z crash caught on dash cam

Originally Posted by Magic Bus Do both of you honestly feel that if you were to drive 60 mph in a 25 mph zone and you hit a car coming

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Old 07-17-2015, 09:16 PM   #1 (permalink)
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Originally Posted by Magic Bus View Post
Do both of you honestly feel that if you were to drive 60 mph in a 25 mph zone and you hit a car coming out of cross street or a pedestrian crossing a street that you'd have no liability?

The police did not prosecute her earlier because even though they did have the video evidence of her speeding, they can't be exact and factual about her speed. This in itself may not be strong enough to convict the driver. However you combine this video evidence with the fact that she was on her cell phone, now the prosecuting attorney's office has a strong case against her.
I absolutely agree with you.
Without the video this case will fall into the right of way for the 370Z.
But the video clearly shows that the speed the Z was carrying did not allowed the other party crossing the intersection to realize how fast the Z driver was going.
Quite simple if the Z driver was travelling at the posted speed there will be no accident.
This is quite simple to understand, also the police will not prosecute without that evidence.
The Family of the deceased person has a very strong case, this is not your typical 50-50 case.
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Old 07-18-2015, 03:10 PM   #2 (permalink)
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I absolutely agree with you.
Without the video this case will fall into the right of way for the 370Z.
But the video clearly shows that the speed the Z was carrying did not allowed the other party crossing the intersection to realize how fast the Z driver was going.
Quite simple if the Z driver was travelling at the posted speed there will be no accident.
This is quite simple to understand, also the police will not prosecute without that evidence.
The Family of the deceased person has a very strong case, this is not your typical 50-50 case.
I'll begin by noting that I have 0 idea how Texas state laws work with regard to T-bone accidents/right-of-way/side collisions, etc.

But do know that in some states it is entirely on the yielding driver to cross the intersection safely. It doesn't matter how fast the hitting driver is going. If that's the state of Texas, you're going to see a not guilty verdict.

You say if the driver wasn't speeding, the accident wouldn't have occurred. A lawyer says if the crossing driver would have properly yielded to oncoming traffic, the accident wouldn't have occurred. Lawyer says the crossing driver didn't come to a complete stop before crossing, or that he was speeding while crossing the intersection, which caused the collision. While these seem like obnoxious claims, they are the type of things lawyers will look for.

Some states have exceptions to laws regarding yielding the right-of-way which will charge the hitting driver at fault if they are determined to be speeding/reckless driving/etc (name your offense).

Anyway, this is just a little devil's advocate on my part. I am not trying to be insensitive toward the deceased driver, as this is a horrible and unfortunate event that happened. I just wanted to throw it out there that, unfortunately in the US legal system, it is not this simple.

On a personal (and emotional) note, I hope she gets convicted because it's painfully obvious she is driving like a reckless idiot, and she contributed to someone losing their life. Regardless of if it is determined that the crossing driver did anything wrong, it doesn't change the fact that the Z driver contributed to that loss of life.

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Old 07-17-2015, 09:57 PM   #3 (permalink)
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Quote:
Originally Posted by Magic Bus View Post
Do both of you honestly feel that if you were to drive 60 mph in a 25 mph zone and you hit a car coming out of cross street or a pedestrian crossing a street that you'd have no liability?

The police did not prosecute her earlier because even though they did have the video evidence of her speeding, they can't be exact and factual about her speed. This in itself may not be strong enough to convict the driver. However you combine this video evidence with the fact that she was on her cell phone, now the prosecuting attorney's office has a strong case against her.
Of course there's liability, reckless driving and speeding and in which cannot be proven even with this video in regards to speeding unless they can magically compute speed from a dash cam video. 3rd or 4th degree Reckless or Involuntary Manslaughter is what they'll get at the most and she won't serve a day in prison especially at 21 and she has no priors, Just My Opinion.
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Old 07-25-2015, 04:18 PM   #4 (permalink)
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Originally Posted by JC-Nismo View Post
Of course there's liability, reckless driving and speeding and in which cannot be proven even with this video in regards to speeding unless they can magically compute speed from a dash cam video. 3rd or 4th degree Reckless or Involuntary Manslaughter is what they'll get at the most and she won't serve a day in prison especially at 21 and she has no priors, Just My Opinion.
You're a little fuzzy on the details of accident reconstruction aren't you?
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Old 07-17-2015, 09:58 PM   #5 (permalink)
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Originally Posted by Magic Bus View Post
Do both of you honestly feel that if you were to drive 60 mph in a 25 mph zone and you hit a car coming out of cross street or a pedestrian crossing a street that you'd have no liability?

The police did not prosecute her earlier because even though they did have the video evidence of her speeding, they can't be exact and factual about her speed. This in itself may not be strong enough to convict the driver. However you combine this video evidence with the fact that she was on her cell phone, now the prosecuting attorney's office has a strong case against her.
You have zero understanding just in your first sentence alone. This was not a 25 mph zone, but a 35 mph zone. It was noted that she was speeding 30 mph over the speed limit, not by your math of 35 mph. Nonetheless, it's all speculation on how fast she was driving. Also, it's not against the law to drive and talk on your cell phone.

Who's to say that the other woman didn't completely stop at the stop sign and obey the right of way law. This is all an emotionally driven charge.
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Old 07-17-2015, 11:26 PM   #6 (permalink)
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Originally Posted by 37zeroZ View Post
You have zero understanding just in your first sentence alone. This was not a 25 mph zone, but a 35 mph zone. It was noted that she was speeding 30 mph over the speed limit, not by your math of 35 mph. Nonetheless, it's all speculation on how fast she was driving. Also, it's not against the law to drive and talk on your cell phone.

Who's to say that the other woman didn't completely stop at the stop sign and obey the right of way law. This is all an emotionally driven charge.

You fail to see that the other woman was almost finishing to crossing the intersection when the accident occurred, look at the video few times, the Z tried to swerve to the right to avoid the van.
Updated: Mother of three dies after major auto wreck in Harlingen : News : ValleyCentral.com
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Old 07-18-2015, 12:21 PM   #7 (permalink)
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Originally Posted by 37zeroZ View Post
You have zero understanding just in your first sentence alone. This was not a 25 mph zone, but a 35 mph zone. It was noted that she was speeding 30 mph over the speed limit, not by your math of 35 mph. Nonetheless, it's all speculation on how fast she was driving. Also, it's not against the law to drive and talk on your cell phone.

Who's to say that the other woman didn't completely stop at the stop sign and obey the right of way law. This is all an emotionally driven charge.
Please read my post again.

My question using the speeding numbers were not meant do depict the actual case. The question was used as an example to ask a question of two fellow forum members if someone is speeding, do they have liability in an accident.

Also I never said that use of a cellphone was illegal in Texas. But it will make the prosecutions case stronger showing that the driver was not 100% focused on driving.
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Old 07-17-2015, 10:30 PM   #8 (permalink)
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yah, im kinda wondering too how they came up with 30mph..?

sorry to both families.
Probably judging by how fast she passed that car with the cam, basing it on how fast she got from front side of that car with cam to a specific identifiable marker.
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Old 07-17-2015, 01:38 AM   #9 (permalink)
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And by the way, I'm 43 and have never had an at fault accident......... EVER!!!
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Old 07-17-2015, 03:14 AM   #10 (permalink)
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Very sad... RIP to the mother of 3.

On the flip side, it always continues to amaze me how well the 370Z does in an accident
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Old 07-17-2015, 03:38 AM   #11 (permalink)
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Very sad... RIP to the mother of 3.

On the flip side, it always continues to amaze me how well the 370Z does in an accident
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Old 07-17-2015, 03:40 AM   #12 (permalink)
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Anyone in to make a fund for the woman's children? Show some support from the car community(?)
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Old 07-17-2015, 07:47 AM   #13 (permalink)
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Anyone in to make a fund for the woman's children? Show some support from the car community(?)
I'd be totally down if its setup.

Side note.

I'm fine with a little spirited driving on the tollway, maybe even an open highway. But a city street in the middle of the day? 30 miles over? Thats just asking for trouble. If you are going to speed atleast do it responsibly with other lives in consideration. I don't know if I could live with myself knowing my little lack of control took the life of another human being.
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Old 07-17-2015, 05:37 AM   #14 (permalink)
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Why is it that people who can afford to buy cars are too cheap to get a hands free kit for their phones? People caught using cell phone's should be charged and receive the same fines/penalties as impaired drivers.
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Old 07-17-2015, 07:26 AM   #15 (permalink)
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Why is it that people who can afford to buy cars are too cheap to get a hands free kit for their phones? People caught using cell phone's should be charged and receive the same fines/penalties as impaired drivers.
Hands free or not in my opinion you shouldn't be yakking on the phone while driving.
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