Thursday, 29 August 2013

Death by dangerous driving is murder

I have just read an article of how two people were killed by a lorry driver, Ethen Roberts, this took place on the M62 in West Yorkshire, in 2012.  The sentence for killing two people with a lorry is apparently not much at all. Just a mere 5 years.  It is called death-by-dangerous-driving when in fact it should be called homicide-by-motor-vehicle. Time and time again innocent people are killed by motorists and the sentence is pitiful. In this particular case Mr Robers was reading a text while at the wheel, he lost control and his lorry jackknifed, it somehow fell and crushed to death Mr and Mrs McHale. She was a primary school teacher and her husband the owner of a beauty salon. No child will ever be taught by her again.

In some countries death by vehicle beings with the charge of murder, as the circumstances are revealed the gradually this is changed and reduced to a lesser sentence. Maybe the British legal system has some misguided belief road traffic accidents are just another form of accident and these things happen. So it begins with the predicate "it's an accident." This is totally and completely wrong. When an individual gets behind the wheel of an vehicle they become liable not just for their life but those of fellow travellers and certainly pedestrians. Yes there may well be occasions where certain deaths could not be avoided. But I am without doubt for this particular offence, responsibility and liability should fall first on the driver's shoulders. If a driver is distracted their distraction can cause death, if they are incapable of driving by being on drugs or alcohol then they to should be considered as responsible and liable.

This is very, very wrong. However I am sure there will continue to be stories in the press in years to come where the same thing happens. Had Ethen Roberts been aware of a law meaning he would be liable for murder would he of acted differently? It's hard to say, but he would of had the choice to not read his text, or to stop and catch up with messages when on his break. How lucky you are, at least you'll be breathing for the next five years, unlike the McHales.

No comments: