Case Study
People nowadays cannot be separate with communication device. It is modern need for human being. We use phone all time, during lunch, working, driving and even while cooking. Let’s take driving for instance; it is very dangerous to drive while on phone. And for that we need to use hands-free device. It is to ensure our hand is focus on driving.
On the other hand, what if we drive and on phone without hand-free device. Are we ensured our safety and people around us? What if we hit other people on the ignorant behavior? Are we protected by Law? Or the person who we hit protected by law? Let’s think together from different aspect, let’s say the person we hit is source income of family. How the person is going to recover his/her loss?
You may have clear view from following case;
- When driving his car home in Georgetown, Ryan called and talked with his wife through mobile phone without the use of hands-free device. While talking, he lost control over his car and eventually hit a walking pedestrian.
The question is
- Is Ryan liable under civil or criminal law?
- Should this case go to court, what will be Ryan’s right?
- What should the pedestrian do to recover his injuries/loss?
From the case,
Ryan is liable under civil law because the purpose of civil law is to remedy the wrong which has been suffered. However if the pedestrian is die, Ryan is liable under criminal law. The reasons are because of reckless driving cause to death. It is the amount of act to crime.
This case should go to court so that the pedestrian can redeem his injuries/loss. Ryan can appoint a lawyer to defend him and help him to understand federal constitutions. To recover his injuries/loss, pedestrian can appeal amount of money from court that will pay by Ryan. The amount will increase to a high number if the pedestrian has lost the ability to work that jeopardizes his income which he supposes to gain.
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