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Runner hit and killed by Drunk Driver

If a runner is in the road at 5:00 am, dark and foggy and a drunk driver hits and kills the runner, who should be at fault?....What would the charges be if the driver is not drunk? (this is a recent true story in Harrisonburg, Va) Should runners be made not to run on the road to protect the runners and the drivers? In this case, there was a sidewalk 5 feet away from the road.

Re: Runner hit and killed by Drunk Driver

If he was drunk, it's his fault, just like someone rear-ending another vehicle.
If not drunk, it *might* be a 50/50 deal, driving to fast for conditions, (ie, stopping distance longer then you can see) and being dumb enough to run on a public road in the dark.

Re: Runner hit and killed by Drunk Driver

OK, when it comes time for sentencing, should they consider the runner in the road ,the dark and foggy conditions?

Re: Runner hit and killed by Drunk Driver

doesn't south main street in harrisonburg have street lights? the 24 year old hit and run drunk driver was a female bartender who spent the early morning hours drinking in the club after closing hours. the fact is that the bartender fled the accident to keep from getting caught.
how much sympathy would you have if the victim was your family member?

Re: Runner hit and killed by Drunk Driver

my2¢
doesn't south main street in harrisonburg have street lights? the 24 year old hit and run drunk driver was a female bartender who spent the early morning hours drinking in the club after closing hours. the fact is that the bartender fled the accident to keep from getting caught.
how much sympathy would you have if the victim was your family member?

i think the key words here are drunk driver and left the scene. that pretty well sums it up.while i have encountered people walking on the road when a side walk was as you said 5 feet away its legal which has nothing to do with common sense.

Re: Runner hit and killed by Drunk Driver

I am not trying to down-play the stupidity of driving drunk. Or be insensitive to the tragedy and loss suffered ... I would be devastated to lose a family member in any way. I just believe that it would be wise not to run, or walk in the road, in the dark especially with fog. Yes, the driver was definitely wrong ... but I feel the runner was also in a place where she brought danger to herself.

Even with street lights, you can't make out much in the fog. I believe this is a safety issue for runners. Again, this is a sad situation for the family and I don't mean to down-play the tragedy of their loss.

Re: Runner hit and killed by Drunk Driver

I think if the Driver were drunk, it impares his or her reactions and judgements, therefore, being drunk would be really bad for the driver....if he or she were not drunk, it may be similar to the accident several years ago when the Rogers guy hit and killed a man at corporation turn in Marlinton, Involuntary Man Slaughter, I think it was...no prison term. Being drunk, you cannot make quick decisions that could have saved the runner. My opinion only !!!!!!!!!!

Re: Runner hit and killed by Drunk Driver

i know what you are saying bandit. i don't know the circumstances of why the lady was running in the road instead of on the sidewalk. had the jogger not been the victim, the impaired driver probably would have hit another vehicle before getting home.i'd have no sympathy for that hit and run drunk driver.

BANDIT
I just believe that it would be wise not to run, or walk in the road, in the dark especially with fog. Yes, the driver was definitely wrong ... but I feel the runner was also in a place where she brought danger to herself.quote]

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