Update on Nashville Officer killed by Motorhome

[Executive45]

Original post HERE

Found this item this afternoon. It's dated in November and I've not seen it posted here. A search failed to show anything. If it's been posted before, I apologize.....drive safely out there....Dennis

Motorhome Driver Indicted

Reckless Homicide in Tennessee is a Class D Felony, punishable by imprisonment of NOT LESS than 2 Years nor more than 12 Years in prison.

[Ray_IN]

msmith1199 wrote:
The police officers family likely won't get an compensation from the driver. There is a rule called "The Firemen's Rule." Sometimes it's also called, "The firemen and policemen's rule." Basically the courts have said that fire fighters and police officers have a dangerous job and when hurt on the job, even through an intentional act, generally can't sue and collect damages. There are exceptions to the rule, but it's a high hurdle to get over. And even if you get over that hurdle, if any money is collected from the negligent party it first goes to pay back medical bills if any, as well as disability and death payments, and pension payments. So this guy and his insurance company will end up paying, but it is likely none of it will go to the officers family.

However, the wife may sue for many different effects of her husbands death, and on behalf of the children.

[mike_brez]

Effy wrote:
I seriously doubt this one action will prompt any reform in driving qualifications.

Let us hope not.

[VinCee]

In agreement with Effy, I don't believe one action or even a handful should ever be used to change laws. It seems every time there is a tragic accident or crime, whether in New York State or more nationally, an advocate group will form to have some new law enacted. I'm not saying that some of these laws aren't necessary, however emotions should not be the driving force of enacting legislation that once they hit the books, they become almost impossible to remove or edit it proven to be faulty.
My opinion on this extremely unfortunate loss of life is the guy was probably going to fast to adjust to the emergency situation and by the time he was upon the scene he didn't have time to properly assess the lane closure's etc. and an avoidable tragic loss of life occurred. That is why the English language has the word "accident" in it.

[dieharder]

I realize that this was a serious mistake that caused the death of another human being. However, I also fail to see what can be gained by jailing a 72 year old. What rehabilitation is to be had here?

Take away his driver's license for good. He's already demonstrated poor judgment behind the wheel, to the point that it cost someone else their life. No reason to doubt that he'd demonstrate that same poor judgment if he was driving something other than the MH in that situation. Is he likely to demonstrate that same poor judgment in the future? No, I surely hope not. But don't wait until something else happens before that decision is made. Now, yes, there are unlicensed drivers on the road already... the only way for police to know is to catch them when they pull them over for a different offense.

Not sure if this guy is/was a fulltimer or not, but losing his license is likely to cause an entire lifestyle change, regardless of whether his wife drives or not. I really don't think there is much else you can take from a 72 year old as a punishment.

[msmith1199]

VinCee wrote:
I think anti-lock brakes were first invented for control of a vehicle by the front steering wheels during a skid/wheel lock, not decreased stopping distance, though this may be a benefit too.

It was both. A vehicle in a four wheel locked skid is basically out of control. It is going to slide straight ahead (unless the road is sloped) and can't be turned. So you are correct in that is part of the good of anti-lock brakes. But stopping faster is also part of the good.

[msmith1199]

mdanielson55 wrote:
For those of you who were there and have the driver convicted and hung please don't be on a jury of mine if I ever need one. I don't need the oj jury. I think I will wait for the jury to be selected and all the facts gone over and a ruling. THEN ill make my decision without being so hypochritical.

The OJ jury acquitted him. Why wouldn't you want that type of jury if ever charged? Also I'm pretty sure I won't be getting a jury notice on that case, since I don't live in that state.

[Executive45]

This was a tragedy for sure...a young person lost his life doing what he loved to do and an older person might just lose his freedom to do what he loved to do. Sad all the way around..two families devastated by one single incident. That said, it may be that the driver made a mistake...I've done it as I'm sure most everyone on here have, at one time or another. Then again he may be one of those arrogant drivers who feels everyone on the road owes him. I'm sure his motorhome, his trailer et al has been thoroughly gone through inside and out...weight, length, brakes etc. Any violations will certainly add fuel to his prosecution. For the motorhome driver's sake I hope he was within the confines of the law. We'll have to wait and see what shakes out in court....we may never really know.....Dennis

[Effy]

I think the laws that are currently on the books for consequences of these actions aren't going to change based on how this forum feels about it. He'll be tried and if found guilty, judge will award a sentence commensurate to the crime. It is what it is. I seriously doubt this one action will prompt any reform in driving qualifications.

[rgatijnet1]

Romer1 wrote:

rgatijnet1 wrote:
All they need to do is revoke his driver's license to get him off the road and find him guilty of careless driving. No need for jail time.
Set probation to insure he doesn't get behind the wheel again and then let the civil courts determine the financial punishment and restitution for the officer's family.

Do you have any idea how many people with revoked/suspended licenses are on the road? Unless they commit another offense, you'll never know if they have a license or not. Revocation/suspension does nothing to keep them off the road.

There is always the firing squad. It is cheap and the taxpayers would only be on the hook for a few dollars. :B
Of course there are also ankle monitors that could be used to keep track of him. These also don't cost the taxpayers much. :B

[Romer1]

rgatijnet1 wrote:
All they need to do is revoke his driver's license to get him off the road and find him guilty of careless driving. No need for jail time.
Set probation to insure he doesn't get behind the wheel again and then let the civil courts determine the financial punishment and restitution for the officer's family.

Do you have any idea how many people with revoked/suspended licenses are on the road? Unless they commit another offense, you'll never know if they have a license or not. Revocation/suspension does nothing to keep them off the road.

[VinCee]

Ok, confused, anti-lock brakes were originally designed to keep the steering wheels turning (front) during hard braking to keep a level of control of the vehicle during a "skid". I am not sure if this action would reduce stopping distance but only IMO it would not.

[Effy]

What was going through this guys head? Was he just trying to skirt traffic not merging when he should? I've seen this sort of thing countless times, traffic jam and cars and motorcycles running up the shoulder. Was this guy trying to do the same thing in the closed lane with a MH and trailer? And what possessed him not to stop before hitting the truck and officer? Either something was seriously wrong or the guy was just blatantly ignoring the situation and doing what he wanted. The whole scenario just seems weird. I could see this behavior DUI, but sober it just seems totally illogical.

[mike_brez]

mdanielson55 wrote:
For those of you who were there and have the driver convicted and hung please don't be on a jury of mine if I ever need one. I don't need the oj jury. I think I will wait for the jury to be selected and all the facts gone over and a ruling. THEN ill make my decision without being so hypochritical.

Hey the glove didn't fit

[mdanielson55]

For those of you who were there and have the driver convicted and hung please don't be on a jury of mine if I ever need one. I don't need the oj jury. I think I will wait for the jury to be selected and all the facts gone over and a ruling. THEN ill make my decision without being so hypochritical.