bobevenson wrote:
Oh, yes, there's a point to all of this. Let's face it, you didn't do anything wrong. The kid was 100% at fault, and in an AEP society, most people would probably do exactly what you said. But in today's society, the only rational thing to do is check to see if there are any witnesses, and if not, drive to the nearest pay phone, and in a disguised voice, call 911 and report the accident and location. Otherwise, your life as you know it will have ended. Investigation for DUI and a possible charge of vehicular homicide. Loss of driving privileges and skyrocketing insurance rates. Heavy media coverage and hate mail. Family lawsuits filed against you, etc., etc., etc. But, yeah, if you are ever in this type of situation, do it your way, my friend.
Well, Bobevenson;
You finally found a subject that we can agree on. In many cases, your above advice is the only reasonable and intelligent action to take. But I don't think that this is an issue of the ethics of the driver, it is an issue of the ethics of the laws that have been passed.
Governments are supposed to create laws that encourage order and stimulate the people to act in moral and ethical ways. The laws against drinking and driving do not do that, and in the case of Michigan's drunk driving laws -- they are insane.
My husband was a truck driver, so I will explain these laws to you as he explained them to me. He said, "Suppose that your Mother called and stated that her washer broke, so I drive the six blocks to your Mother's house to fix her washer on a hot summer day. When I finish, I am hot and sweaty, so she offers me a cold beer. We talk and I drink the beer before coming back home. On the way home, a driver coming from a side street does not stop and plows into the side of my car. There is no way that the accident is my fault, but Michigan is a no-fault State, so it doesn't matter. What does matter is that I have a CDL license because I am a truck driver, so I must immediately go to a hospital and have blood drawn because I have been in an accident. The other driver's alcohol level is irrelevant unless the police find a reason to question it. One beer is enough to make me lose my license, because it is a CDL, which means that I will get fired and probably not qualify for unemployment. I did nothing wrong, did something right by fixing the washer, but may be unemployed for years because of it."
I considered what he said and realized that the statistics would show that another truck driver was drinking and involved in an accident. This would imply that his drinking caused the accident, and that he was at fault, although neither would be true. If he could not find work and could not replace me at home so I could work, we would lose our home. We could not expect any help from the State -- unless I divorced him -- then the State would provide enough to pay the bills and for food and medical. It would be easy to divorce him because that is also "no-fault", and it would be necessary because Michigan does not support whole families. The thinking seems to be if he does not have a job, then he is a bum -- throw him out; but if you don't throw him out, then you are all bums -- so sleep in a car.
Michigan has some brilliant laws -- all designed to be for the good of the child. (Yes. This is sarcasm.)
So in your above scenario, doing the "right" thing could very well make it so that your own child is homeless, hungry, and/or without medical care. It could also cause a family to split up. Doesn't one have a duty to their own children? Or is that duty less important than "doing the right thing" so that a negligent family that allows a young boy to be in the street after dark gets to sue you?
Law should encourage ethical behavior, not discourage it.
Gee