This will stir it up - Aren't all AD's REALLY ND'S?

[my_old_glock]

Accident can be through negligence or not. An Accident, in of itself, is not negligence. I can loose control of my car, slide off into the ditch, do no damage to the car or other property and be negligent in my driving; but not have an accident.....although there is an incident.

Most car accidents usually involve some negligence on the drivers part. The question is how much is society wanting to place on the driver. When I speak of society, I'm referring to the judicial system.

A true story here in California

Two teenage boys (15 and 16) steal a motorcycle, get chased by the police, drive on the wrong side of the street, and hit a oncoming car driven by an old man. Guess who is cited and has to pay the damages?

So what laws were broken by the teenagers (or at least one of them)?

1) steal a motorcycle
2) drive without a permit or license
3) speeding
4) not pulling over for the police
5) driving the wrong way down a public street
6) colliding with a another vehicle.

The old man was cited for the "accident" and his insurance had to pay for all medical bills for both teens, plus the insurance gave both teens $100,000 in monetary compensation. 

I know this is true, because I know one of the teenagers.




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Without having all the details, this would be considered the anomaly more than the rule.

However, many auto policies have a provision for med pay that contributes to all med bills, even for the kids. The driver may have been cited for a violation; the question is, how much of the cite played into negligence. Was it even related to the accident.

Did this go to a trial or settled out of court? The are several variables to consider. If settled out of court, it could have been one of those business decisions...it will cost less to pay now than potentially later..or they don't want to set precedent for future cases. It could be the older man was partially intoxicated that possibly interfered with their driving.

I'm not challenging what you said, but I will bet there is more to this case than what we know or will know, unless it went to trial.

The event happened in the late 1980's

They did settle out of court because the insurance claimed it cost less to pay than to fight.

I do not know what the old guy was cited for, or if he lost in court. I only know the police wrote him a ticket/citation for something to do with the accident. The citation/ticket wasn't for a broken taillight or for no registration.

I think his citation was for speeding, but I am not sure. They may have measured the skid marks (no real ABS in late 80's).


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[my_old_glock]

[Bold] -> I would struggle with this being negligent. Under this scenario, any ammo in the house would be negligent if it went off during a fire....being in a firearm makes no difference. Unless the pretense is all ammo and firearms are to be located in a fireproof structure. I don't think it has reached that level...yet.

Ammo that isn't in a chamber is not dangerous. The brass cannot contain that much pressure on its own before the bullet pops out.


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[sqlbullet]

This.  Even if placed on the ground/hard strong surface primer down, bullet up, most of energy will blow out the sides.

[Bruno747]

The only accidental discharge I have seen was a pistol that fired when the slide was let forward. The sear face was worn and when the slide was let forward it didn't hold the striker back.

But I agree pretty much all discharges if not intentional are negligent.

[armadillo66]

"Booger hooks off the bang switch kids, gun safety is for everyone"

[45BBH]

I agree that the vast majority are ND's, and although I've never had one, thankfully, I have a relative who shot a hole in his computer room floor with his G19.