Thursday, January 26, 2006

What do you think?

My heart goes out to the family whose 7 children and now grandfather died as a result of a careless big rig driver. Apparently, the children never had a chance as the rig slammed into the car going 50-65 mph. Upon hearing that 7 of his grandchildren were dead, the victims' grandfather died of a heart attack. Truly a sad story.

The driver of the big rig is hospitalized but will likely live as most often occurs in this situation. My question to you is what is the proper punishment for him? Consider he had two other driving infractions that suggest he was unfit to drive the big rig.

Also, what is the punishment for the company employing him in light of their ignorance or refusal to act accordingly to his prior infractions. Basically, the driver shouldnt have been behind the wheel.

The proper punishment, in my opinion for the driver is life in prison. There is no evidence to suggest that the driver tried to stop (skid marks). He simply wasnt paying attention. A lifetime to think about this is the least justice that can be provided here.

As to the company, here's where my liberal side screams out. How do you deter companies from employing shitty drivers? You fine them. How much? Punitives are efficient to the extent they actually punish the company. Simply, they should be fined to the point of bankruptcy. There is no justification for why lives were lost other than the company and driver's negligence. Other companies will not learn without a lesson being taught. Capitalism might take the back seat to justice here, but in the long run, companies will be safer and more likely to employ safe drivers.

Unless you have another way?

5 comments:

Conrad said...

I think the law needs to come down hard to send a message and set a precedent. If the company KNEW that this man shouldn't have been driving, and let him drive anyway, fine the shit out of them. Not to sound too cliché, but the blood of those children is on the company's hands.

alex_slander the gr8 said...

Anonymous,

I agree that a lawsuit should not be based on vengeance, but for larger companies, a lawsuit is a drop in the bucket. Large companies essentially calculate these lawsuits into their operating costs. The only deterrance they have is to hit them where it hurts- $$.

Unfortunately, with tort reform, this will probably never happen and will simply continue at the cost of many innocent lives.

While I dont think that money can replace children, money is the only way of retribution for a large company.

Abogada said...

It always seems like in accidents such as these, the innocent people pay the price, while the ones who cause the accidents basically walk away a-ok. I speak from experience on this one. I feel very terrible for that poor family.

Abogada said...

Maybe lawsuits shouldn't be based on vengence alone, but they are based on justice. I think that it is fair to say that there is an element of vengence in justice. I think it is a part what drives us seek justice in the first place.

Abogada said...

You are right Ares- innocent until proven guilty. In fact the driver of the car was one of the children killed in the accident. A fifteen year old who was driving illegally with only a learner's permit. But it doesn't look very good for the tractor driver that they were stopped behind a school bus that was letting off children when he rear ended them.