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If a cyclist is killed by a car, what is the maximum the driver can be charged with?
As @S785 says, the most serious possible charge would be murder, but the problem for a prosecutor is proving mens rea in vehicular cases, whereas if you choose another weapon it's usually pretty obvious that you had to do something intentional (and probably criminal in its own right) in the lead up to the assault.
gbj_tester-
That said, in the cases where there is CCTV or other evidence that a driver deliberately uses a car as a weapon, I feel intention to seriously injure (due to the nature of the weapon) would be fairly well proven and the cps etc could apply a more aggressive approach. "Accident" or recklessness is not treated as an email excuse when you let your knife go into someone and I think a vehicle should be treated no differently.
Even when drivers are merely being aggressive and then "accidentally" collide - their actions are at least an assault in law and hence a manslaughter charge could stick.
s785
sorry another question, I could probably go back pages or search for the answer on one of the other threads, but still trying to get used to the new and exciting forum, and really havent' a clue with keywords to search for...
If a cyclist is killed by a car, what is the maximum the driver can be charged with? Is it just dangerour driving or driving wthout due care? Can you charge them with manslaughter? Like if I have just had an argument with a driver and he then run me over, what would he be charged with, most likely?
It's a weird question to ask and I guess it really depends on each case, but I am sure I have read somewhere that a driver, despites the intention of having a cyclist killed, can only be charged with driving without due care, and usually is only fined and given suspended sentence?
FIY, this is for my thesis... I have no plan to run any of you guys over yet...