Passengers Have Duty to Aid Crash Victims, N.J. Court Rules

[Robb]

Passengers Have Duty to Aid Crash Victims, N.J. Court Rules

Two passengers who witnessed their intoxicated friend crash his car into the back of a motorcycle had an obligation to help the injured man, a New Jersey appellate court has ruled.

The driver and his passengers made 44 cell phone calls within 21/2 hours, but none for emergency assistance, court records show. Instead, they agreed to keep quiet and fled, and the rider was struck by another car and died.

(snip)

According to the opinion, Mairs, who was below the legal drinking age, still appeared drunk when tracked down by state troopers hours after the crash. He initially claimed he had been alone in the car and said he was unaware he hit the motorcycle. More than three hours after leaving the party, his blood alcohol level was .085, below the legal limit at the time, but above the current threshold of .08. Months later, Mairs admitted he had passengers and lied about the crash.

(more)

[LostinVA]

1. I agree with this

You can't force someone to stop their car, but as long as the passenger can show they helped as soon as they could, it's good. If they colluded, they should eb arrested.

[Richard Steele]

2. More like a duty to -NOT- commit negligent homocide. nm