Legal Question in Personal Injury in California
In california my brother in law got in a car wreck. It was raining and his caar slid into oncoming traffic goin around a corner. the oncoming car driver was 9 months pregnant and lost the baby. Because it was a accident and he was not doing anything illegal not drunk or anything just raining really bad. can he be at fault and serve prison time even though it was totally an accident?
1 Answer from Attorneys
The mere fact that an accident kills a person or an unborn child does not create criminal liability. For criminal liability there has to be something beyond simple negligence. However, the dividing line between simple and criminal negligence is not so easy to define. Going 100 mph if the limit is 60 mph is probably criminal, but going 70 mph in the 60 mph zone probably is not. It is not easy to say where the dividing line is. Your brother in law might want to consult with a good criminal defense attorney in case the local prosecutor sees things differently that you have described.
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