Saturday, 16 January 2010

What!

A mother straps her 10 year old daughter into the front seat of a car (illegal) [sorry not illegal but not recomended] she tries to help her daughter who is writing a text message. (illegal) The daughter is leaning forward in the seat (not good practice). Mother loses control of the car and the resulting crash sets off the airbag killing the child. The judge calls it an accident.
Accidents are unavoidable. This was totally avoidable. The child should have[would have] been [safer] in the back seat. The mother should have been concentrating on driving the car.
How can any of our legal seniors call this an accident.
Yes I know the mother has lost her daughter, whose fault is that.
Let me be a judge I can make stupid judgements.

13 comments:

Anonymous said...

Not illegal to carry a child in the front seat if they are over a certain height (I know, I have one). Not against the law to 'help' your child send a text - of course it may be classed as driving without due care and attention, but it in itself it isn't illegal unless it contributed to the accident. Which it was.

Maffi said...

A child under 12 is not to travel in the front seat and then he/she has to be of a minimum height.

It is against the law to use a mobile phone while driving that would include showing some one how to use it.

It should have been in this case dangerous driving as a minimum , but surely manslaughter. It would seem that it was a contributory factor.

The mothers inability to appreciate the seriousnes of driving a car is tantamount to gross stupidity she should never have beeen given a licence in the first place. Her incompetance caused the death of her child. Damn it she killed somebody. It was not an accident.

Anonymous said...

No. A child must be 135cm tall or 12 years old in order to travel in the front seat of a car. A 10 year old who is 140cm is legally allowed to travel in the front seat of a car.

Maffi said...
This comment has been removed by the author.
Maffi said...

I stand corrected. It is a case of the government telling us what they are going to do and not doing it. There is a wealth of information suggesting that it should be 14.

Doesnt alther the fact that the mother was in the wrong and is responsible for the death of her child. This was not an accident.

Maffi said...

But then as an anonymous commenter does what you say matter?

davidbridle1 said...

Maffi - are you sure the judge in this case was declaring "accident" to prevent a claim by the parent against the car/bag manufacturer?

Anonymous said...

Yes.

Maffi said...

by declaring it an accident surley he is absolving her of responsibility.

I cannot imagine he would do that just to protect the manufacturer.

If he did he should be fired.

Maffi said...

Girl, 10, killed in car crash as her mother helped her send a text message
By Liz Hull
Last updated at 11:57 AM on 14th January 2010
Comments (28) Add to My Stories A girl of ten was killed by a passenger airbag after her mother crashed while trying to help her send a text message, an inquest heard yesterday.
Chloe Bunney suffered a fractured skull when the safety device in the VW Golf activated with 'colossal force' and smashed into her forehead.
The inquest heard that the schoolgirl was leaning forward in her seat when she asked her mother, Jolene Bunney, 30, to help her send a text message to her grandparents.
Chloe Bunney was was killed by a passenger airbag after her mother crashed while trying to help her send a text message
But as Miss Bunney, a national account manager for a food firm, leaned over she lost control of the car which crashed into two other vehicles.
After the crash, witnesses heard Miss Bunney say: 'It's my fault, it's my fault - I looked at my phone.'
A passer-by tried to revive Chloe, who was wearing a seatbelt, but she never regained consciousness. She was pronounced dead in hospital a short time later.
The court heard that although two years below the recommended age to travel in the front passenger seat, Chloe was five inches taller than the legal height of 4ft 4in for travelling alongside the driver.
The inquest, held in Carnarvon, North Wales, heard that the accident happened as mother and daughter were travelling back from a day at the popular Black Rock Sands beach, in Porthmadog, on May 29 last year.
Chloe, who lived in the village of Felinheli, was using her mother's mobile phone to text her grandparents.
'I leaned over and looked at what she was doing,' Miss Bunney told the hearing. 'The next thing I felt was the side impact and the airbags went off and the car just spun. I couldn't control it.'

Police investigators called to the scene estimated the car was travelling at between 30mph and 35mph when it veered into the path of an Audi being driven by Andrew Eardley, of Stoke-on-Trent.
It spun out of control, before hitting another vehicle.
Gordon Saynor, of North Wales police, said the airbag inflated 'very rapidly... with a colossal force'.
Recording a verdict of accidental death, Coroner Dewi Pritchard-Jones said: 'The sudden inflation of the airbag, impacting to the front of Chloe's head pushed the head backwards causing the fracture which led to her death.'
Miss Bunney called for greater awareness of the potential danger of airbags, adding: '[Chloe's] death has just devastated us.
'She will always be in the thoughts and memories of all of those that met her and will be greatly missed by her family and friends.'

Maffi said...

This story points to the airbag as being the problem, which it isnt. The mother was driving her car in a very negligent manner this resulted in the death of her daughter. And what about the chap she crashed into? It will take him a long time to recover.

Anonymous said...

I'm not saying the mothers actions were right because she would be the first to admit they weren't BUT surely an accident is something that's not intentional (I don't mean the dictionary meaning).
Most 'accidents' if we look back over them (great thing hind sight)can be avoided.
Julie

Maffi said...

Why dont you mean the dictionary definition? That is how we all learn to sing from the same hymn sheet. The accepted meaning for a word and often the legal definition is in the dictionary. If the meaning changes over time then the dictionary is changed.

So until the dictionary definition say "ACCIDENT: an incident of neglegtful actions causings death, I will go with the dictionary as it is now. Accidents are by their nature unavoidable.

This death was aviodable ergo not an accident.

Why are you having difficulty with this?