The grieving parents of a 7-year-old child who died hours after being hit by a car were charged with involuntary manslaughter after allowing him and his brother, 10, to walk home unaccompanied by an adult from a nearby grocery store.

  • 5too@lemmy.world
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    2 days ago

    there is no evidence of speeding or wrongdoing on the part of the driver, therefore no charges have been filed.

    He hit a pedestrian. If you cannot react to a pedestrian entering the road unexpectedly, especially at a crosswalk, you are, by definition, driving recklessly.

    • samus12345@sh.itjust.works
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      2 days ago

      The article says they attempted to cross between the crosswalks. A witness said the younger child jumped into the street. There’s only so much reaction even the most alert driver can do.

      • BigBenis@lemmy.world
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        11 hours ago

        If I’m driving in an area where pedestrians can be present and my view of a walkway is obstructed, I slow down. A speed limit isn’t an obligation nor is it a right to travel at speeds that have the potential to be unsafe. I treat every blind spot as if there’s something behind it ready to jump out at a moment’s notice and I adjust my speed to anticipate it. I do that because I believe operating within legally defined parameters doesn’t exempt me from the responsibility of my actions causing harm to another person.

        We as a society are far too lenient toward drivers who take for granted the fact that they’re in control of high-velocity heavy-machinery that can and do kill people on a daily basis. Traffic deaths aren’t an inevitability, in most cases they’re caused by overconfidence.

      • 5too@lemmy.world
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        2 days ago

        Fair point, it was indeed between crosswalks. But from the sound of it, the kids had been waiting to cross, and the younger kid jumped out on his own.

        The older kid saw the danger, meaning the car should have been able to see at least one kid too. I maintain that if you can’t react safely to kids you can see jumping unexpectedly off the curb as you drive by, you have no business driving.

        • samus12345@sh.itjust.works
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          2 days ago

          Without seeing the incident, it’s hard to say whether the driver should have reasonably been able to stop in time. Given what we know, it’s entirely possible that he could not.

          • fodor@lemmy.zip
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            1 day ago

            Except not really. It’s a small town and from the article it sounds like the driver is an old person who has lived there for many years. They know what time kids are around, they know where kids usually hang out, and if they have half a brain they’ll drive 15 mph in those areas.

            My regular commute takes me near an elementary school, and every morning when I see those kids I drop my speed very low because you never know what they’re going to do. It’s your basic moral responsibility to keep the speed down because you know that small children don’t have the experience and common sense to keep themselves out of the street.

          • 5too@lemmy.world
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            2 days ago

            The only way I can see the driver not being at fault is if he 1) could not see the kids near the road, and 2) had no reason to expect people might be in blind spots near the road.

            Given that there were houses less than 2 blocks from the site of the incident, 2 seems unlikely - this sounds like either a suburban or urban neighborhood (multiple crosswalks within 2 blocks for a 4 lane road). No mention was made of any obstructions, which is not evidence in itself; but it’s the rare four lane road that hasn’t had obstructions cleared from the sides of the road (partly for this reason!), particularly in a non-rural area. At a glance, Gastonia seems to generally keep their roads clear.

            I can certainly be convinced otherwise with more evidence, but the burden of vehicle safety absolutely lies on the driver. If you can’t respond fast enough to a seven year old running out in front of you from a place you can’t see; you are, by definition, driving too fast - regardless of the posted speed limit. And if you can see them, and aren’t driving in such a way as to be able to keep them safe should they run in front of you, you’re driving recklessly.

      • Evotech@lemmy.world
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        1 day ago

        It doesn’t matter where I’m from, you are supposed to be able to stop

      • GoodOleAmerika@lemmy.world
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        22 hours ago

        Yep. U got this right. People here are just dumb. Kid jumps in from of the car that is going 45mph. Parents should be holding hand and not letting kids just do what the kids want to do.

    • jsomae@lemmy.ml
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      2 days ago

      That would mean every driver on the highway is driving recklessly.

      “yes! Now you see how carbrained society is”

      counterpoint: society is to blame, not individual drivers.

      • 5too@lemmy.world
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        1 day ago

        Nah, highways tend have lots of visibility around them, you can see a person a long ways off. Though, if you do see a kid on the side (and don’t intend to stop), you should absolutely be slowing down and giving them a wide berth!