A car strikes and kills an unidentified pedestrian

Nov 3, 2012 Full story: WBIR-TV Knoxville 46

According to a Tennessee Highway Patrol report, the victim was walking down Chuckey Highway in Greeneville, when a car struck and killed him.

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Prayer Chain

Marion, VA

#1 Nov 4, 2012
"Troopers said the man was wearing dark clothing and walking three feet into the traffic lane."

How do they know? Sounds a little fishy to me.
just guessing

Brentwood, TN

#2 Nov 4, 2012
Yeah, especially the part about the dark clothing! Anyway I'm curious, Why would you distrust the investigation?
someone

Nashville, TN

#3 Nov 4, 2012
He was wearing dark clothing. I don't know about where he was walking. Please don't speak badly of this man. He was my uncle, and my family needs all the prayers they can get right now. Hopefully this thread dies.

“Listen, Think, Speak.”

Since: Aug 12

Location hidden

#4 Nov 4, 2012
someone wrote:
He was wearing dark clothing. I don't know about where he was walking. Please don't speak badly of this man. He was my uncle, and my family needs all the prayers they can get right now. Hopefully this thread dies.
It's tragic when something like this occurs regardless of the circumstances. You and your family have my condolences.
jamey

Johnson City, TN

#5 Nov 4, 2012
Are they going to do anything,, a pedestrian has the right of Way.. how they know driver wasnt on his/her cell phone, or texting. or even speeding.????
jamey

Johnson City, TN

#6 Nov 4, 2012
The fact is, any car accident can expose the driver to both criminal and civil liability. First letís consider criminal law. Granted, thereís no specific crime for mowing down jaywalkers; however, if you cause a pedestrianís death you may be charged with Vehicular Homicide Ė thatís the general name for state laws that criminalize negligent or reckless driving that leads to a personís death.

Generally speaking, vehicular homicide laws require proof beyond a reasonable doubt that the driver failed to recognize a substantial risk that would have been apparent to a reasonable person. Sometimes, the standard is higher and requires proof that the driver actually did recognize the risk and disregarded it anyway. In most states, proof that the driver was under the influence of alcohol or drugs will suffice to establish vehicular homicide.

These same standards will apply even if you donít cause the pedestrianís death. You wonít be charged with Vehicular Homicide, but will most likely be charged under your stateís criminal negligence law. So again, the issue will be whether you failed to recognize the risk, or whether you recognized the risk and disregarded it.

The fact that the pedestrian was jaywalking will be relevant to the issue of the driverís negligence. The ordinary reasonable person is not expected to be constantly prepared for pedestrians walking willy-nilly onto crowded streets. And so, whether a driver was criminally negligent or reckless may turn on such factors as how suddenly the pedestrian entered the road, the conditions of the road, the time of day, and how much time the driver had to stop.
So Sorry

Sarasota, FL

#7 Nov 4, 2012
someone wrote:
He was wearing dark clothing. I don't know about where he was walking. Please don't speak badly of this man. He was my uncle, and my family needs all the prayers they can get right now. Hopefully this thread dies.


I feel so sorry for your family. What is your uncles name? Will pray for you all..
jamey

Johnson City, TN

#8 Nov 4, 2012
Sorry for your Lose.
Who knows

Fort Campbell, TN

#9 Nov 4, 2012
Was the girl texting? Messing with the radio? Was the pedestrian under the influence of drugs or alchohol? Did she try to stop when she saw him or did she not realize he was there until the moment of impact? There are so many possibilities. My heart goes out to the family of the pedestrian and the young girl who hit him. I know she must be feeling terrible right now.
someone

United States

#10 Nov 4, 2012
His name is not important at this point. The other factors are up in the air as of right now. Nothing else really matters at this point. He is gone.
Cindy

Asheboro, NC

#11 Nov 4, 2012
Prayer Chain wrote:
"Troopers said the man was wearing dark clothing and walking three feet into the traffic lane."
How do they know? Sounds a little fishy to me.
because the man was reported to the authorities by other motorists that almost hit him before the accident
Cindy

Asheboro, NC

#12 Nov 4, 2012
someone wrote:
He was wearing dark clothing. I don't know about where he was walking. Please don't speak badly of this man. He was my uncle, and my family needs all the prayers they can get right now. Hopefully this thread dies.
prayer to all the people involved and to their Family
jamey

Johnson City, TN

#13 Nov 4, 2012
The State troopers are pretty good about reading signs, skid markes etc. tell tell signs if she was speeding.,other than that. who knows. if she was speeding she could be in alot of trouble if she wasnt, and he being in dark clothes and in the road, she will be fine. except it will stay with her along time..
someone

United States

#14 Nov 4, 2012
There are no skid marks or any other signs. No one is blaming the girl at all. We know it was dark and it was over a hill. I'm not placing blame on anyone. It was just a bad circumstance.
jamey

Johnson City, TN

#15 Nov 4, 2012
someone wrote:
There are no skid marks or any other signs. No one is blaming the girl at all. We know it was dark and it was over a hill. I'm not placing blame on anyone. It was just a bad circumstance.


Its not if you blame its what the LAW says... if they believe she was speeding and have evidence she was. or if there are NO skids marks means she didnt try to stop THAT IS BAD.... that will prove states case for vehiclear homicide...,,,
jamey

Johnson City, TN

#16 Nov 4, 2012
jamey wrote:
The fact is, any car accident can expose the driver to both criminal and civil liability. First letís consider criminal law. Granted, thereís no specific crime for mowing down jaywalkers; however, if you cause a pedestrianís death you may be charged with Vehicular Homicide Ė thatís the general name for state laws that criminalize negligent or reckless driving that leads to a personís death.
Generally speaking, vehicular homicide laws require proof beyond a reasonable doubt that the driver failed to recognize a substantial risk that would have been apparent to a reasonable person. Sometimes, the standard is higher and requires proof that the driver actually did recognize the risk and disregarded it anyway. In most states, proof that the driver was under the influence of alcohol or drugs will suffice to establish vehicular homicide.
These same standards will apply even if you donít cause the pedestrianís death. You wonít be charged with Vehicular Homicide, but will most likely be charged under your stateís criminal negligence law. So again, the issue will be whether you failed to recognize the risk, or whether you recognized the risk and disregarded it.
The fact that the pedestrian was jaywalking will be relevant to the issue of the driverís negligence. The ordinary reasonable person is not expected to be constantly prepared for pedestrians walking willy-nilly onto crowded streets. And so, whether a driver was criminally negligent or reckless may turn on such factors as how suddenly the pedestrian entered the road, the conditions of the road, the time of day, and how much time the driver had to stop.


and Why are you calling this NUTS. etc.this is straight out of TN LAW BOOK. the law is the Law. it sucks. but if she was speeding over 5 to 10miles over she can be charged.
someone

Nashville, TN

#17 Nov 4, 2012
You need to chill out a bit. If she gets charged it is what it is. It's not going to be from any influence of my family. We have been through enough over the last two months. If the state wants to then so be it, we cannot control that. The girl has been through enough I'm sure. Can you please just let it rest and realize people are grieving over the fact they just lost a brother, son, and uncle?
Jamey

Julian, NC

#18 Nov 4, 2012
someone wrote:
You need to chill out a bit. If she gets charged it is what it is. It's not going to be from any influence of my family. We have been through enough over the last two months. If the state wants to then so be it, we cannot control that. The girl has been through enough I'm sure. Can you please just let it rest and realize people are grieving over the fact they just lost a brother, son, and uncle?
. Yes. Hope. Everything does turn out. Good.
Heavy heart

Thomasville, NC

#19 Nov 4, 2012
jamey wrote:
<quoted text>
and Why are you calling this NUTS. etc.this is straight out of TN LAW BOOK. the law is the Law. it sucks. but if she was speeding over 5 to 10miles over she can be charged.
You need to be a caring human being and stop like you have been asked...respect and compassion.
GreeneNative

Mauldin, SC

#20 Nov 4, 2012
I've investigated several accidents like this and especially when a fatality is involved many of the drivers were later successfully sued regardless if they were at fault or not. And I've witnessed even innocent drivers to later suffer with PTSD symptoms.

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