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		<title><![CDATA[Bicycle Austin forum / Another hit-and-run driver kills a pedestrian]]></title>
		<link>https://bicycleaustin.info/forum/viewtopic.php?id=1117</link>
		<description><![CDATA[The most recent posts in Another hit-and-run driver kills a pedestrian.]]></description>
		<lastBuildDate>Sun, 24 Jun 2012 06:59:42 +0000</lastBuildDate>
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			<title><![CDATA[Re: Another hit-and-run driver kills a pedestrian]]></title>
			<link>https://bicycleaustin.info/forum/viewtopic.php?pid=3297#p3297</link>
			<description><![CDATA[<div class="quotebox"><cite>bizikletari wrote:</cite><blockquote><div><p>The chances of getting away with killing/maiming someone are higher for s/he who flees the scene</p></div></blockquote></div><p>Well, only if the driver is intoxicated -- and I suspect that&#039;s the case in most of the hit and runs.</p><p>If the driver is not intoxicated, not provably texting, not racing, fleeing from the police, etc. -- they are almost certain not to face criminal (beyond a standard moving violation, though even that&#039;s fairly rare) charges from such a collision, so there&#039;s no real need for them to flee the scene.&#160; &#160; They may get nailed in civil court, but that requires that they have assets to sue for, which often isn&#039;t the case.</p><p>(It would be nice if there was some legislation that increased the severity of normally minor traffic violations when they result in a serious injury or death.&#160; Running a red light?&#160; Class C misdemeanor.&#160; Running a Red Light causing a serious injury?&#160; Class B misdemeanor.&#160; Running a Red Light causing death?&#160; Class A misdemeanor.&#160; A pipe dream, I know.&#160; Though it would probably make hit and runs more likely as it would give even sober drivers another reason to run -- as an even sober driver could be sent to jail.)</p><p>Amnesty (for DWI or whatever else) for drivers who don&#039;t hit and run could fix the problem, but it goes way too far.&#160; I mention it as a possible solution, but I think it&#039;s even worse than the problem.</p><div class="quotebox"><blockquote><div><p>given that we do not have a police department that will seek and find them nor we have a prosecutor to prosecute them or the city council member to change these policies and much less the advocates that will focus on forcing such change.</p></div></blockquote></div><p>I think a more fundamental issue is that legally it&#039;s hard to prove &quot;beyond a reasonable doubt&quot; that somebody knowingly fled the scene unless they&#039;re caught by the police almost immediately affer (which usually means finding that they were drunk) or they unwisely confess to the crime.</p><p>Once they&#039;ve had a chance to sober and lawyer up, even if the police find the damaged car and match it up to the collision (likely!) ... they have a hard time proving that the owner was the one driving it.&#160; The DA could prosecute such cases more aggressively, but they&#039;d likely lose most of the time, as the defense would (properly) bring up that there&#039;s no evidence about who the driver was.&#160; They generally lose any civil cases -- the standard of proof is lower, the owner of the car is generally at least somewhat liable for it&#039;s misuse anyways (and the car is probably insured anyways, whomever the driver is) -- but they don&#039;t go to jail.</p><div class="quotebox"><blockquote><div><p>I know that some people has been calling attention to the problem for ages, but they are voices claming in the desert.</p></div></blockquote></div><p>Short of constant, total surveilance or fundamental (&quot;beyond a reasonable doubt&quot; and &quot;right to remain silent&quot; are mighty fundamental) changes to our Constitution, I&#039;m not sure how this can be really fixed.&#160; I don&#039;t think the DA and police can really fix this one.&#160; The legislature can fix things to a degree (for starters, make the penalties for leaving the scene at least as serious as a DWI -- you can&#039;t really presume that one is DWI, but you can make the penalties as bad as a DWI), but I don&#039;t think they can really properly fix it.</p>]]></description>
			<author><![CDATA[dummy@example.com (dougmc)]]></author>
			<pubDate>Sun, 24 Jun 2012 06:59:42 +0000</pubDate>
			<guid>https://bicycleaustin.info/forum/viewtopic.php?pid=3297#p3297</guid>
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			<title><![CDATA[Re: Another hit-and-run driver kills a pedestrian]]></title>
			<link>https://bicycleaustin.info/forum/viewtopic.php?pid=3281#p3281</link>
			<description><![CDATA[<p>Sadly, that&#039;s what we encourage them to do. The chances of getting away with killing/maiming someone are higher for s/he who flees the scene, given that we do not have a police department that will seek and find them nor we have a prosecutor to prosecute them or the city council member to change these policies and much less the advocates that will focus on forcing such change.</p><p>I know that some people has been calling attention to the problem for ages, but they are voices claming in the desert.<br />Sad.</p>]]></description>
			<author><![CDATA[dummy@example.com (bizikletari)]]></author>
			<pubDate>Wed, 13 Jun 2012 16:40:47 +0000</pubDate>
			<guid>https://bicycleaustin.info/forum/viewtopic.php?pid=3281#p3281</guid>
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			<title><![CDATA[Another hit-and-run driver kills a pedestrian]]></title>
			<link>https://bicycleaustin.info/forum/viewtopic.php?pid=3280#p3280</link>
			<description><![CDATA[<p><a href="http://www.austinchronicle.com/blogs/news/2012-06-12/hit-and-run-shakes-city/" rel="ugc">http://www.austinchronicle.com/blogs/ne … akes-city/</a></p><p>Seems like it&#039;s almost part of the culture now to try to flee if you hit somebody with your vehicle.&#160; It&#039;s hard not to be a misanthrope when I have to remember that about half the people out there, if they hit me, are quite willing to leave me for dead.</p>]]></description>
			<author><![CDATA[dummy@example.com (MichaelBluejay)]]></author>
			<pubDate>Wed, 13 Jun 2012 10:26:59 +0000</pubDate>
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