This case is simple: This is vehicular assault. It is entirely the driver's fault, there is no excuse for this behavior, and there is basically no chance the driver will be able to foist the liability off on the company or the other driver. Indeed, they may actually be subject to criminal penalties (in addition to civil penalties) for their reckless and harmful action. In fact, if anyone dies in the other vehicle, they could probably be charged with second-degree murder.
The fact that the light was actually green at the time the driver accelerated might mitigate their liability slightly, but not very much. Unless they can successfully argue that they thought the other vehicle was moving and were mistaken (and even then, the burden of proof would be on them, since it is generally the responsibility of drivers to ensure that they do not collide with vehicles that are stationary for any reason---including stalls and other emergency stops), they are going to be held responsible based on intent---they caused the collision willfully and on purpose.
No comments:
Post a Comment