Boating Accident/Death off Diamond Island

NoRegrets · 03-18-2010, 09:31 AM

Appling "guilt" in today's world.

A little over 30 years ago my brother took the family car out for the evening. There was an ice storm and he lost control and slid into the guardrails. No one was hurt but the sheet metal on the car was damaged. When he told my dad about the accident my dad said he would work out a way for my brother to pay for the repairs. My brother’s comment was that it wasn't his fault because of the conditions of the road. My father firmly replied that he made the choice to put the key in the ignition and move the vehicle. End of the discussion and my brother had to pay the cost to repair. I knew at that point the meaning of responsibility.

Somehow our society has evolved away for the intent of the law and favors the technicality of the law. Too often we see how money, power, or relationships win favors or pardons. Casual observance of these cases often can lead to cynicism over the process.

Drunk, not drunk, rating the visibility, mental conditions, or any other factors in the case may be used to set the severity of the punishment but I believe Erica "put the key in the ignition" and is responsible for the accident.

I have seen some very thoughtful posts and am thankful for the interchange between Scupper and NoBozo.

Sympathy and prayers to all who suffer loss through tragedies and let us all benefit from this incident by being reminded of the consequences that can happen if you are not careful.

fatlazyless · 03-18-2010, 11:14 AM

And, on the other hand, if you cross the center line while totally sober and kill three and injure a fourth, a 25-year old Thornton male first sentenced to 12 years in NH prison recently had his case successfully appealed in NH Supreme Court by Atty James Moir. In June 2009, the NH Supreme Court voted 3-1 to over rule the conviction of a 25 year old male from Thornton who struck two Harley Davidsons head-on, in June 2006. By drifting across the center line of Route 49 in Thornton at the s-curve, he killed three and injured a fourth person, who were two married couples ages 53-54, all employed at an Indiana GM car dealer, who were in NH for motorcycle week. First, sentenced to 12 years in state prison, his convicton was over turned after serving about 2 1/2 years, when the NH Supreme Court decided that what he did did not constitute negligence.

He had a blood alcohol level of zero at the time. He did have a number of prior driving violations including moving violations, however that information was not allowed to be admitted during the trial.

Justice Linda Dalianis, speaking for the majority, said something like; " ...he crossed the center line for some unknown reason and that does not equal negligence."

In my personal opinion when it comes to determining negligence, it probably does not matter if you are legally drunk or just day-dreaming when you cross the center line, especially when the victim is a member of your family.

03-18-2010, 11:14 AM	#2
fatlazyless Senior Member Join Date: Apr 2004 Posts: 8,856 Blog Entries: 1 Thanks: 303 Thanked 1,039 Times in 758 Posts	...defining negligence in NH? And, on the other hand, if you cross the center line while totally sober and kill three and injure a fourth, a 25-year old Thornton male first sentenced to 12 years in NH prison recently had his case successfully appealed in NH Supreme Court by Atty James Moir. In June 2009, the NH Supreme Court voted 3-1 to over rule the conviction of a 25 year old male from Thornton who struck two Harley Davidsons head-on, in June 2006. By drifting across the center line of Route 49 in Thornton at the s-curve, he killed three and injured a fourth person, who were two married couples ages 53-54, all employed at an Indiana GM car dealer, who were in NH for motorcycle week. First, sentenced to 12 years in state prison, his convicton was over turned after serving about 2 1/2 years, when the NH Supreme Court decided that what he did did not constitute negligence. He had a blood alcohol level of zero at the time. He did have a number of prior driving violations including moving violations, however that information was not allowed to be admitted during the trial. Justice Linda Dalianis, speaking for the majority, said something like; " ...he crossed the center line for some unknown reason and that does not equal negligence." In my personal opinion when it comes to determining negligence, it probably does not matter if you are legally drunk or just day-dreaming when you cross the center line, especially when the victim is a member of your family.

03-18-2010, 09:31 AM	#1
NoRegrets Senior Member Join Date: Jun 2007 Location: Hudson - NH Posts: 408 Thanks: 233 Thanked 212 Times in 88 Posts	Appling "guilt" in today's world. A little over 30 years ago my brother took the family car out for the evening. There was an ice storm and he lost control and slid into the guardrails. No one was hurt but the sheet metal on the car was damaged. When he told my dad about the accident my dad said he would work out a way for my brother to pay for the repairs. My brother’s comment was that it wasn't his fault because of the conditions of the road. My father firmly replied that he made the choice to put the key in the ignition and move the vehicle. End of the discussion and my brother had to pay the cost to repair. I knew at that point the meaning of responsibility. Somehow our society has evolved away for the intent of the law and favors the technicality of the law. Too often we see how money, power, or relationships win favors or pardons. Casual observance of these cases often can lead to cynicism over the process. Drunk, not drunk, rating the visibility, mental conditions, or any other factors in the case may be used to set the severity of the punishment but I believe Erica "put the key in the ignition" and is responsible for the accident. I have seen some very thoughtful posts and am thankful for the interchange between Scupper and NoBozo. Sympathy and prayers to all who suffer loss through tragedies and let us all benefit from this incident by being reminded of the consequences that can happen if you are not careful.