How about this one? Probation for killing four people while driving drunk under age.
        
http://www.latimes.com/nation/nationnow/la-na-nn-texas-teen-drunk-driving-probation-affluenza-20131212,0,61486.story#axzz2nIf6lRse

At 01:22 PM 12/12/2013, Robert F. Nagel wrote:
The employer is liable, both as the owner of the vehicle and as respondeat superior <http://en.wikipedia.org/wiki/Respondeat_superior>http://en.wikipedia.org/wiki/Respondeat_superior . Also see: <http://smallbusiness.findlaw.com/liability-and-insurance/an-employer-s-liability-for-employee-s-acts.html>http://smallbusiness.findlaw.com/liability-and-insurance/an-employer-s-liability-for-employee-s-acts.html .

---

[]

Robert F. Nagel, Attorney
Law Offices of Robert Nagel
<mailto:[email protected]>[email protected]
www.nagel-law.com
Thirty on the Square, 10th Floor
30 W. Mifflin St., Suite 1001
Madison, WI  53703
608-255-1501 office
608-255-1504 fax
608-438-9501 cell


On Thu, Dec 12, 2013 at 1:12 PM, Robbie Webber <<mailto:[email protected]>[email protected]> wrote:
Thoughts and comments....

First, great article. I appreciate you getting the issues out there and on the table. As to the topic of which you are writing and the specific case of Steven Rader (a neighbor of mine) .....

Sad. Angry. Outraged. Puzzled. Demoralized. But still not surprised.

Even thought one needs a license to operate a motor vehicle on the public roads, so the State appears to consider that activity something that requires special training and care, it appears that in practical terms, and even in a court of law, driving is not considered to be an an activity over which a person must exercise due caution. Failure to follow the law is simply a mistake, not a criminal activity. And if the case had gone to a jury, every member of that jury would feel "there but the grace of god go I."

I am so tired of the excuse that even juries and prosecutors use that "It was a mistake." This guy already had another driving violation within the last two months! And we all know that getting fined only means you got caught. He's obviously a terrible driver if he got caught twice in two months. And he's an idiot. And he should never be allowed to drive during work hours again.

Besides the vulnerable user law, maybe there should also be enhanced penalties for people holding commercial driver's licenses, or the employer should be liable (although that would be a civil suit rather than a criminal matter.) I would favor a presumption of guilt and automatic criminal charges where a person driving a commercial vehicle kills or causes incapacitating injury. Seriously, isn't responsible driving the least we can expect from people holding a professional license to drive?!


Robbie

On Thu, Dec 12, 2013 at 12:31 PM, Tom Held <<mailto:[email protected]>[email protected]> wrote:
Hi all,

I thought you would be interested in the latest on the Steve Rader case - police have ticketed the tow truck driver. I folded that news into a look at the vulnerable user law.

<http://theactivepursuit.com/vulnerable-user-case-tow-truck-driver-ticketed-in-crash-that-killed-cyclist-uw-computer-specialist/>http://theactivepursuit.com/vulnerable-user-case-tow-truck-driver-ticketed-in-crash-that-killed-cyclist-uw-computer-specialist/

Please share your thoughts and comments on this topic.

Tom Held
<http://www.theactivepursuit.com>The Active Pursuit

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