Process after a fatal accident: 66-year-old has to answer!
Process after a fatal accident: 66-year-old has to answer!
Kreisstraße zwischen Wolfegg und Kißlegg, Deutschland - The trial against a 66-year-old woman about negligent killing has started at the Wangen district court. The incident that led to this process occurred on September 2, 2022 on the district road between Wolfegg and Kißlegg. In the event of a traffic accident, a 17-year-old lost control of his light skating bike when he fell with a "wheelie" and stayed on the road. An oncoming car stopped to help, but blocked the street.
At that moment the accused approached her car from the opposite direction, was blinded by the highlight of the standing vehicle and grasped the young people with their car. The 17-year-old died at the scene of the accident, while resuscitation measures remained unsuccessful. The central allegation of the public prosecutor is that the accused had not adapted their speed to the confusing Situation. According to her statement, she did not accelerate or brake actively; However, their exact speed could not be determined.The legal framework
The concept of negligent killing is anchored in § 222 StGB and describes the disregard of the duty of care, which ultimately leads to another. Depending on the severity of the allegation, the punishment can range from a fine to a prison sentence of up to five years. By traffic accidents are frequent scenarios for negligent killings, which can also include cases of gross negligence, for example when driving under alcohol influence. Statistics show that 585 cases of negligent killing in road traffic were registered in 2014, with 73 under gross negligence Statista .
In the current case, it is also discussed whether the defendant acted in a conscious or unconscious negligence. A conscious negligence would mean that the perpetrator was aware of the possible consequences, but hoped that they would not occur. In the main hearing, which will continue next Thursday, a central witness should testify that was on the road with the deceased young person at the time of the accident, which could possibly give further insights into the situation.
delays in law enforcement
The process also has an extraordinarily long preparation time. The public prosecutor was only able to file charges more than a year after the accident, since two accident analytical reports were required to clarify the incident. This time window made it difficult for the witness to remember details of the incident because it was almost three years ago. A large number of aspects will not only influence the legal decision, but also the emotional burden of the bereaved in the event of a guilty verdict.
How the case law will develop in this case remains to be seen, but the tragedy of the accident remains. The case raises important questions about traffic safety and the associated legal consequences and will surely continue to be pursued intensively in the coming weeks.
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| Ort | Kreisstraße zwischen Wolfegg und Kißlegg, Deutschland |
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