Since there seems to be a lot of speculation about this, IANAL but from what I can gather, someone who kills someone with their car could be charged under any of these 3 statutes.
I think it's pretty ridiculous that the first one even exists.
http://law.onecle.com/pennsylvania/vehicles/00.037.014.000.html
75 Pa § 3714. Careless driving.
(a) General rule.--Any person who drives a vehicle in careless disregard for the safety of persons or property is guilty of careless driving, a summary offense.
(b) Unintentional death.--If the person who violates this section unintentionally causes the death of another person as a result of the violation, the person shall, upon conviction, be sentenced to pay a fine of $500.
(c) Serious bodily injury.--If the person who violates this section unintentionally causes the serious bodily injury of another person as a result of the violation, the person shall, upon conviction, be sentenced to pay a fine of $250.
(d) Definition.--As used in this section, "serious bodily injury" means any bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
http://law.onecle.com/pennsylvania/vehicles/00.037.032.000.html
75 Pa § 3732. Homicide by vehicle.
(a) Offense.--Any person who recklessly or with gross negligence causes the death of another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic except section 3802 (relating to driving under influence of alcohol or controlled substance) is guilty of homicide by vehicle, a felony of the third degree, when the violation is the cause of death.
http://law.onecle.com/pennsylvania/crimes-and-offenses/00.025.004.000.html
18 Pa § 2504. Involuntary manslaughter.
(a) General rule.--A person is guilty of involuntary manslaughter when as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the doing of a lawful act in a reckless or grossly negligent manner, he causes the death of another person.
(b) Grading.--Involuntary manslaughter is a misdemeanor of the first degree. Where the victim is under 12 years of age and is in the care, custody or control of the person who caused the death, involuntary manslaughter is a felony of the second degree.
I don't want to launch into the debate here, but considering the punishment for numerous other crimes, these seem way out of whack, and no where near harsh enough. Not to mention the bias towards cars as less deadly weapons than say, guns.
Apparently it only 'costs' $10 more to permanently disfigure someone than to get a one-time pass to use the busway. Sheesh.
Let's get it overturned!
Maybe that's a bit ambitious, maybe that's something more for PA Walks and Bikes, maybe I should think about it after breakfast and coffee, but I think we should get it off the books.
one thing you have to understand, and I am not trying to justify anyone's actions but the 250$ and 500$ fines are only the criminal fine for what happens unintentionally. That first section is to cover accidents, things that just happen. That is why there are the other sections with ideas like grossly negligent and in violation of the law.
while I think that the fines are low you have to realize that these are just the criminal fines and not the civil judgment which can be very large depending on circumstances.
I've thought about rules that would keep drivers from getting out of hand.
The first priority would be to make it so people who drive with suspended licenses get so seriously punished that even the most thoughtless drunkard would hesitate.
The next would be to enforce the laws we have now.
After that? I'm thinking more rapid suspenseion of licenses for "minor" offenses. 30K die in the US every year. There really isn't a minor automotive offense.
No forgiveness for minor offenses. Possibly have it so that if a driver was ticketed for offenses like speeding or going through a stop sign, then they would have to find another way to get where they were going and pick up their car from the pound. They could contest the ticket, of course, but they couldn't jsut ake driving in violation of the law for granted.
I also have the ulterior motive of normalizing non-automotive travel.
Of course, in with the legislators being democratically elected, this could only happen gradually and only happen if the non-cager movement keeps exploding.
The hostility that drivers have now would also increase if bikers started demanding that drivers drive competently.
while I think that the fines are low you have to realize that these are just the criminal fines and not the civil judgment which can be very large depending on circumstances.
this. i was going to post about how shocked and appalled i was that the fine for killing someone was only $500 when operating your careening mass carelessly, but then it occurred to me that carelessness isn't usually a criminal offense, and that millions ought to be paid out in the wrongful death suit, or whatever civil action took place.
Doesn't matter if the killer doesn't have millions to pay.
true enough, but neither would a fine.
I don't know if this really means anything, because it is a very different situation, but for one of my classes, I was to sit in on any court hearing, and the one I ended up in was a DUI hearing. 6 or 7 different charges (causing bodily harm to a pedestrian with a motor vehicle, driving under the influence, driving under suspension, reckless child endangerment [the person's daughter was in the car with them while they were driving], and failure to report a traffic collision...this person really messed up), and each of the maximum penalties were either jail time of at least two years, or a fine of at least $300. This person (who plead guilty to half of the charges, if anyone was interested, I didn't hear a sentence announced) did not kill anyone, and was facing up to 27 years jail time and about a grand in fines.
RubberFactory
you will notice that several of the offenses were alcohol related. once alcohol gets involved the fines and penalties take on a whole different aspect. just sayin
yeah, I don't know the penalties for traffic violations very well, so I figured I'd throw it out there in case it did mean anything.
