• SocialMediaRefugee@lemmy.world
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    8 days ago

    The reasoning behind it:
    “Lack of Proof for Severe Negligence: Under Dutch law (Artikel 6 Wegenverkeerswet), a heavy prison sentence for a fatal traffic accident requires proof of gross negligence or recklessness (schuld).”

    “No Evidence of Excessive Speed: Investigators could not legally prove that the driver was speeding excessively or that speed was the definitive cause of the vehicle losing control.”

    “Lesser Offense Applied: The court convicted him under a lighter traffic article (Artikel 5) for failing to keep his vehicle under continuous control rather than aggravated manslaughter or fatal recklessness, which capped the legal punishment guidelines significantly.”

    The original 120-hour sentence was itself overturned upon appeal in September 2015. The higher appeals court concluded that excessive speed was legally proven, sentencing the driver to 15 months in prison and a four-year driving ban.

    In 2020 the traffic laws were overhauled to increase penalties and expand what constituted reckless driving. A penalty points system was also implemented.

    • jdr@lemmy.ml
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      8 days ago

      What a high quality comment. Whatever they’re paying you, it isn’t enough.

    • Hanrahan@slrpnk.net
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      8 days ago

      In 2020 the traffic laws were overhauled to increase penalties and expand what constituted reckless driving.

      why do they always use weasel words ? all the evidence you need is a dead person, you killed someone, ipso facto you weren’t paying attention ,automatic manslaughter charge. Murder would have a higher bar. eg

      https://www.abc.net.au/news/2026-10-08/woman-charged-with-manslaughter-over-trevor-fleet-death/107241342

      • AA5B@lemmy.world
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        7 days ago

        There are legitimate accidents, even if most are preventable. Humans are all too fallible.

        I’m at work so can’t watch video but excessive enough speed should be all you need. In my state, +30mph constitutes a major accident as far as insurance premiums go.

      • pomp@lemmy.world
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        7 days ago

        Not quite that simple.

        I’m one of the few drivers who always drives as if expecting the unexpected. I try to never even put myself in a situation where someone could jump out in front of my car and die (by slowing down when passing pedestrians for example).

        But that being said, there is only so much I can do. Maybe some day one of you retards will get yourselves killed and use my vehicle to do it. I don’t want to be held accountable for your follies.

        • Nocklusamigos@lemmy.world
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          7 days ago

          If you killed someone, this case should be investigated properly rather than shoved under the bed because it’s law.

        • niva@discuss.tchncs.de
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          7 days ago

          So you think the 2 grandparents hid somewhere and then jumped with their bikes and their toddler grandchild in their arms in front of the speeding car?

          • pomp@lemmy.world
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            7 days ago

            I knew some muppet like you would try to twist my words this way :)

          • Ledivin@lemmy.world
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            7 days ago

            He didn’t say “in this case, it’s clear that…” he said “all the evidence you need is a dead person.” Pedestrians can never be at fault? BRB I’m gonna go jump in front of a car and set my family up for life

            • DudleyMason@lemmy.ml
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              7 days ago

              Pedestrians can never be at fault

              I’d go as far as almost never.

              Like if you can present dashcam footage that the pedestrian hid out of sight and jumped in front of you with no warning while you were not driving too fast for the conditions (which might or might not mean going significantly slower than the posted limit), then that should be taken in to account.

              Outside of that? Yeah. Pedestrian being at fault should require incontrovertible proof that the pedestrian deliberately tricked you into being a part of their suicide attempt.

              The person not in control of a two ton death machine should not be required to constantly watch out for murderous ecocidal narcissists. All the extra alertness and awareness needed to keep people safe from cars should be 100% on the drivers.