Adarius Hayes

[Hollywood13]

Cancer and car accidents. Wish we could eradicate them both. Maybe AI and other related technologies can get us there one day. I like to be in control of things but if self drive vehicles can even eliminate 30% fatalities on the road, I am all for it. Just horrible man.

The world needs more people like Elon Musk, and I hope we get to the day where 100% of all transportation is AI-controlled. I have much more faith in future technology than I do in humans.

 

[1mg of Epi]

Na homie, that’s a high velocity collision.

Signed,

A LT assigned to TRT with a SFL FD

As a member of a SFL FD TRT, I’d tend to agree w your LT.

 

[Elmer Leghorn]

Calling on the hundreds and hundreds of accident attorneys we have here.

Let’s just say a complete hypothetical, he was found to be doing 80 MPH in a 40 MPH zone. The Kia is found to have turned directly into his right of way.

Will they really charge and try to bring him to trial on a vehicular manslaughter charge? Negligent vehicular homicide? Assuming zero drugs or alcohol are in play either. At the end of the day, it is an accident. I genuinely don’t know either way, obviously doing 80 in a 40 is negligent but they did turn in front of him.

Just wondering legally how that works.

Hard to say at the moment if anyone will be charged. Investigation needs to play out. IF excessive speed is determined to be involved, and the cause of the accident, he could potentially be charged. Going way over the speed limit isn't an accident, it's a choice.

 

[CaneBear0207]

Calling on the hundreds and hundreds of accident attorneys we have here.

Let’s just say a complete hypothetical, he was found to be doing 80 MPH in a 40 MPH zone. The Kia is found to have turned directly into his right of way.

Will they really charge and try to bring him to trial on a vehicular manslaughter charge? Negligent vehicular homicide? Assuming zero drugs or alcohol are in play either. At the end of the day, it is an accident. I genuinely don’t know either way, obviously doing 80 in a 40 is negligent but they did turn in front of him.

Just wondering legally how that works.

I'm not licensed in Florida; but if this happened in Missouri or Illinois, the family (or more precisely, the estate) would make a claim against the Dodge driver's insurer. In all likelihood, the case would settle at the policy limits and never go to trial. In some cases, suit would not even be filed, except the probate proceeding to get the funds to the beneficiaries.
The outcome of a criminal case would depend on all the facts and circumstances. People think these things turn on one 'technicality' or another, but they depend on all the facts. Often, one issue turns out to be dispositive, but that's only after all the other facts and issues are factored and weighed. I would expect the criminal case to be a slugfest and probably go to trial.

 

[HEMICANE]

at fault in car accidents is determined by insurance companies. They inform the state authorities

This accident will be investigated by Traffic Homicide Investigators and they along with a prosecutor will decide whether any charges are filed. The insurance companies will have no involvement.

 

[CaneThang2020]

Regardless of his mph, I think being responsible for the death of two kids will do irreparable damage mentally to Hayes.

That will be tough to overcome personally and professionally.

Initial reports are no alcohol was involved. If he were doing the speed limit and not at fault, mentally yes it’ll be tough to overcome, but again, if he’s not at fault, he’ll be okay professionally imo

 

[Elmer Leghorn]

This accident will be investigated by Traffic Homicide Investigators and they along with a prosecutor will decide whether any charges are filed. The insurance companies will have no involvement.

Correct. Insurance is a civil tort. Being charged with a crime is obviously criminal law. Insurance and law enforcement can come to different conclusions and often do.

 

[ben]

The world needs more people like Elon Musk, and I hope we get to the day where 100% of all transportation is AI-controlled. I have much more faith in future technology than I do in humans.

 

[AUcane]

The world needs more people like Elon Musk, and I hope we get to the day where 100% of all transportation is AI-controlled. I have much more faith in future technology than I do in humans.

 

[P-Tizzle]

This accident will be investigated by Traffic Homicide Investigators and they along with a prosecutor will decide whether any charges are filed. The insurance companies will have no involvement.

You didn't read what I said. Insurance companies determine who is at fault for a traffic accident not whether or not the DA will file charges. They are not the same. Police no longer determine who is at fault for traffic accidents.

 

[tdjones34]

Wow, can you be any more in sensitive? Who cares about AD's career right now? He was involved in an accident that just killed 2 children.

Yep, why is said not speaking on him.
Was responding to someone saying the driver of the car that hit a vehicle turning left in front of them would have the career end.
the burden the 2 drivers will now carry is awful

 

[pacusmc]

Don’t give no place for fear or worry Brodie. You seem responsible asf, but you right what that family is going through is a nightmare bruh. No one can deal with anything like that. That shouldn’t happen to anyone on the planet.

Facts. Losing a child has to be devastating. Losing 2 at once has to be pain on an astronomical level.

The world needs more people like Elon Musk, and I hope we get to the day where 100% of all transportation is AI-controlled. I have much more faith in future technology than I do in humans.

 

[Dwinstitles]

Facts. Losing a child has to be devastating. Losing 2 at once has to be pain on an astronomical level.

View attachment 325055

I don’t trust AI im driving my own ****

 

[Ryanmilli]

Calling on the hundreds and hundreds of accident attorneys we have here.

Let’s just say a complete hypothetical, he was found to be doing 80 MPH in a 40 MPH zone. The Kia is found to have turned directly into his right of way.

Will they really charge and try to bring him to trial on a vehicular manslaughter charge? Negligent vehicular homicide? Assuming zero drugs or alcohol are in play either. At the end of the day, it is an accident. I genuinely don’t know either way, obviously doing 80 in a 40 is negligent but they did turn in front of him.

Just wondering legally how that works.

It depends on the jurisdiction. Some will bring criminal charges for fatal or serious injury accidents only when certain criteria are met (usually impairment). Other jurisdictions charge them more liberally.

 

[jdg3158]

This is heartbreaking all around. Families on both sides are forever altered and there are no words.

Is there a gofundme or something to the family that lost 2 beautiful children? I’d love to give a little bit to help ease any unforeseen burden. This poor family I cannot begin to describe what they must be going thru and will forever. To to the AH family and the extended Miami family, I hope this young man makes a a full healthy recovery as with everyone else involved.

Football, responsibility, insurance this doesn’t matter. All that matters is hopefully there is a strong support system around everyone involved. Life is precious and football is awesome but it doesn’t even begin to play on the same playing field as how fragile health and life are.

Wish everyone good health.

 

[Wake_Cane]

Calling on the hundreds and hundreds of accident attorneys we have here.

Let’s just say a complete hypothetical, he was found to be doing 80 MPH in a 40 MPH zone. The Kia is found to have turned directly into his right of way.

Will they really charge and try to bring him to trial on a vehicular manslaughter charge? Negligent vehicular homicide? Assuming zero drugs or alcohol are in play either. At the end of the day, it is an accident. I genuinely don’t know either way, obviously doing 80 in a 40 is negligent but they did turn in front of him.

Just wondering legally how that works.

yes 100%

You can line up expert witnesses from here to Timbuktu who will testify that for a person making a turn in their car it is extremely difficult to accurately judge the speed of oncoming traffic that is traveling at extremely high rates

 

[tdjones34]

yes 100%

You can line up expert witnesses from here to Timbuktu who will testify that for a person making a turn in their car it is extremely difficult to accurately judge the speed of oncoming traffic that is traveling at extremely high rates

It is the responsibility of the driver making the turn to make sure it's clear to turn into oncoming right away traffic. an insurance will find the left turn driver at least 70% responsible for an accident.
speeding is 10-30% at most

Is the Driver Who Pulled Out Always at Fault?​

The Presumption of Fault​

They’re often presumed at fault because they failed to yield. That’s the default stance, especially when there’s clear evidence you had the right-of-way.

Situations Where You Might Share the Blame​

If you were speeding, distracted, texting, or tailgating, insurance companies might argue that you contributed to the crash. That’s where things get tricky.

Common Scenarios: Who Is at Fault?​

Driver Pulls Out from a Stop Sign​

If a driver pulls out from a stop sign and collides with a vehicle that does not have a stop sign, they are typically at fault. Florida law requires drivers to yield the right-of-way after stopping.

Driver Pulls Out into Fast-Moving Traffic​

If a driver misjudges the speed of oncoming traffic and causes a collision while turning left or merging, they are often held liable for failing to yield.

You Were Speeding When the Other Driver Pulled Out​

Even if the other driver failed to yield, your excessive speed could contribute to the crash. The insurance company may argue shared fault.

 

[Wake_Cane]

It is the responsibility of the driver making the turn to make sure it's clear to turn into oncoming right away traffic. an insurance will find the left turn driver at least 70% responsible for an accident.
speeding is 10-30% at most

Is the Driver Who Pulled Out Always at Fault?​

The Presumption of Fault​

They’re often presumed at fault because they failed to yield. That’s the default stance, especially when there’s clear evidence you had the right-of-way.

Situations Where You Might Share the Blame​

If you were speeding, distracted, texting, or tailgating, insurance companies might argue that you contributed to the crash. That’s where things get tricky.

Common Scenarios: Who Is at Fault?​

Driver Pulls Out from a Stop Sign​

If a driver pulls out from a stop sign and collides with a vehicle that does not have a stop sign, they are typically at fault. Florida law requires drivers to yield the right-of-way after stopping.

Driver Pulls Out into Fast-Moving Traffic​

If a driver misjudges the speed of oncoming traffic and causes a collision while turning left or merging, they are often held liable for failing to yield.

You Were Speeding When the Other Driver Pulled Out​

Even if the other driver failed to yield, your excessive speed could contribute to the crash. The insurance company may argue shared fault.

I was speaking of the possibility of criminal charges. I'll leave apportionment of fault to the civil folk. Btw always undo the bold formatting that GPT loves to give before sharing.

 

[tdjones34]

I was speaking of the possibility of criminal charges. I'll leave apportionment of fault to the civil folk. Btw always undo the bold formatting that GPT loves to give before sharing.

yeah, maybe a speeding ticket here

 

[AtlAtty]

Calling on the hundreds and hundreds of accident attorneys we have here.

Let’s just say a complete hypothetical, he was found to be doing 80 MPH in a 40 MPH zone. The Kia is found to have turned directly into his right of way.

Will they really charge and try to bring him to trial on a vehicular manslaughter charge? Negligent vehicular homicide? Assuming zero drugs or alcohol are in play either. At the end of the day, it is an accident. I genuinely don’t know either way, obviously doing 80 in a 40 is negligent but they did turn in front of him.

Just wondering legally how that works.

Please read what I wrote above.
There are likely to be criminal charges and potentially for both parties.

The challenge for the prosecutors will be to determine whether the speed of the Durango was such that the accident would not have occurred if the Durango was traveling at the speed limit. Would that difference in mph have prevented the accident? That is extrememly difficult to determine.

Suppose Hayes was traveling at 40 mph and everything else is exactly the same. He would have had extra time to see the Kia turning, but would it have been enough extra time to evade the Kia? Much of that analysis depends on how far away Hayes was when he noticed the Kia. Was he 10 feet away such that the difference between 40 mph and 80 mph is negligible? Was he 50 feet away such that it would have allowed him to either slow down enough to stop before hitting the Kia, or far enough away that he could have evaded the Kia?

The black box will help us know how far away Hayes was when he starts to decelerate, but it won’t tell us when he first saw the Kia. Only Hayes can tell us that, and he is not required to talk.

The entire case may come down to a battle of accident reconstruction experts.