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Car accident - legal implications for driver

Postby Lani123 » Thu Feb 10, 2011 3:41 pm

There was a fatal car-motorbike collision on my street on Tuesday night - a car sped round the corner too fast, cutting into the other lane and hit a motorbike head on. That guy was thrown 8-10m onto the pavement and later died. The car driver was a young man, unharmed. I haven't seen anything about it on the (online) newspapers - but perhaps am looking in the wrong ones - but I wonder what happens to the car driver now. Charged with murder? Accidental death? Reckless driving? How does the system works here? He was most definitely in the wrong but the attitude of the police, the driver and everyone else on the night seemed very calm and almost casual.

I know road accidents are not uncommon here but I've not witnessed one and I was so sad to hear (from my concierge the next day) that the guy had died.

So I'm interested to know what is likely to happen to the young car driver, and the whether the family of the man who died receive any 'compensation' etc.
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Re: Car accident - legal implications for driver

Postby zer0nz » Thu Feb 10, 2011 4:11 pm

Lani123 wrote:There was a fatal car-motorbike collision on my street on Tuesday night - a car sped round the corner too fast, cutting into the other lane and hit a motorbike head on. That guy was thrown 8-10m onto the pavement and later died. The car driver was a young man, unharmed. I haven't seen anything about it on the (online) newspapers - but perhaps am looking in the wrong ones - but I wonder what happens to the car driver now. Charged with murder? Accidental death? Reckless driving? How does the system works here? He was most definitely in the wrong but the attitude of the police, the driver and everyone else on the night seemed very calm and almost casual.

I know road accidents are not uncommon here but I've not witnessed one and I was so sad to hear (from my concierge the next day) that the guy had died.

So I'm interested to know what is likely to happen to the young car driver, and the whether the family of the man who died receive any 'compensation' etc.


im sick of seeing fatal car crashes, and because of stupidity (like the one a couple of weeks ago where a bus drive without a seatbelt, hit the middle wall, sent him self flying through the windscreen, then his bus rolled down the highway overtop of him to finish him off), this was on ruta 5 norte!!!, im inclined to buy a bigger car (fortress) to protect me some more!,

anyway, interested in the answer to this!!!
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Re: Car accident - legal implications for driver

Postby paladin » Thu Feb 10, 2011 4:27 pm

From what I´ve read during my years in Chile, regardless of what he´s actually charged with, the penalty will be insignificant. Perhaps he´ll lose his licence for 6 months ( but will no doubt continue driving anyway). Maybe he´ll get a suspended sentence if it´s the first time he´s killed someone, but he wont get anything really harsh. I´m also sick of reading of the most ridiculous accidents that happen, but as with most crimes here, nobody seems to want to be tough when it comes to sentencing. To me, it makes no differnce if this was his first killing or not, he should lose his licence permanently. A couple of years ago, there was a case near where I live , where a young drunk driver was speeding, lost control and killed a 24 yearold while he was crossing the street. He lost his licence for 6 months and got a suspended sentence. It´s just another one of those things we have to accept if we decide to live in Chile I suppose
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Re: Car accident - legal implications for driver

Postby admin » Thu Feb 10, 2011 4:54 pm

Really depends.

I do know some bad drivers that have permanently lost their license in Chile for repeat accidents.

On the civil penalty side, I use to have housekeeper who's brother was killed by a bus. After several years of going around the courts, they finely worked out a settlement at 50 million pesos. They are still waiting for the payment. That case however seems to have been held up by an incompetent attorney.

Anything however in the 100 million peso award range, for just about anything in a court in Chile, is big news. I recall a few years ago a 65 million peso award out of a court in Temuco being covered in the papers as one of the biggest in the country up to that point. Don't recall exactly what it was about, but nothing to do with a car accident.
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Re: Car accident - legal implications for driver

Postby KJS » Thu Feb 10, 2011 6:14 pm

This would be a great topic to be linked somehow to the horrible driver topic that was circulating before.

As a pedestrian around Santiago (at other times I'm a driver as well, as I'm sure, vice versa, the shabby drivers of Santiago are pedestrians sometimes too and so might relate), I see this hapless driving all the time. Sick of the aggressive wheelers edging a crosswalk at their small stature induced speed, one gets the keys out of his pocket...with timing everything's possible. There should be a more effective penalty paid for the kind of driving that endangers a pedestrian...and now there is, until further notice of a system-wide solution to otherwise alter the danger. This should in no way be intended as a statement of intent.
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Re: Car accident - legal implications for driver

Postby GOTI » Thu Feb 10, 2011 8:48 pm

Lani 123 wrote:
There was a fatal car-motorbike collision on my street on Tuesday night - a car sped round the corner too fast, cutting into the other lane and hit a motorbike head on. That guy was thrown 8-10m onto the pavement and later died.
This brings attention to what really are legal implications here in Chile; what penalties and recourse is there against reckless drivers to the cause of death to other parties? Does Chile enforcement investigate accidents to a degree of reckless driving as what may be considered in most States? [Meaning: typically, reckless driving includes a moving traffic violation that occurred because of the driver’s wanton disregard for the traffic laws. It is more significant than finding that a driver was inattentive or negligent.] Reckless driving is a crime in many states and may be considered a felony or a misdemeanor depending on state laws. Accordingly, the potential legal penalties for reckless driving vary but generally include fines, imprisonment, loss of license and other significant penalties and insurance points.
I would hope that Chile has penalties for reckless driving causing death, and administering guilt charge in a court of law that would give stronger convictions than a few months.
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Re: Car accident - legal implications for driver

Postby Brasstacks » Fri Feb 11, 2011 9:37 am

No more Vespa joy rides for me!
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Re: Car accident - legal implications for driver

Postby Ellen-y-Rene » Fri Feb 11, 2011 1:49 pm

Lani123 wrote:There was a fatal car-motorbike collision on my street on Tuesday night - a car sped round the corner too fast, cutting into the other lane and hit a motorbike head on. That guy was thrown 8-10m onto the pavement and later died.


I saw the poor man lying, helmet on, when police already had arrived and seeing -from across the street- someone hurking next to him he must have been alive at that time. The 3 police were chatting 'cheerfully' (to the driver?) at the corner of the pavement and strange enough there came with big horns a Firewagon from the bomberos!? But no ambulance at that point. I walked home and about 15 minutes later there were the tones of an ambulance.......

I just wonder if I'd been lying there or a well paid chileno, I guess ambulances of Clinica Aleman and/or clinica Las Condes would've stand in line within minutes. But for a courier, no way José.

Hmmm, maybe this reply fits also in the topic "You've been in Chile too long when...".

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Re: Car accident - legal implications for driver

Postby admin » Fri Feb 11, 2011 4:34 pm

It could be worse. Did they try to arrest the dead guy for leaving the scene of an accident?

In guatemala one time I was the passenger in a car, injured in an accident, then arrested detained by the police when I tried to go get medical attention. Their reasoning being that as the injured party they could not let me go or they would have to let the guy that caused the accident go (did not matter that there was over a thousand witnesses on the street).

That translates from spanish in central america as, 'gringo you look like you might have the deepest pockets in the accident and no one at the police department has been paid this month'.

The only people I really hear complain about the driving laws in chile seem to have very limited experience with the rest of the developing world, let alone latin america. Either that or short memories about that experience.
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Re: Car accident - legal implications for driver

Postby ingrambr » Wed Mar 23, 2011 8:11 pm

I'm not sure that this post belongs here...

Someone reversed into the front of my parked car. We were only in the house 15minutes. There was a red jeep parked outside another house that was missing when we returned and it seems that the paint stains on the damage to my car suggest that it was that jeep that was no longer there. We went and talked to the people at the house, a nanny was there who said she didn't have the owner's phone number (obviously). I've got a bad feeling there will be full denial etc... Surely the driver should have informed us?

I've no clue what to do in this situation? Any suggestions or crafty ideas to sort the situation out?
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Re: Car accident - legal implications for driver

Postby zer0nz » Wed Mar 23, 2011 9:50 pm

ingrambr wrote:I'm not sure that this post belongs here...

Someone reversed into the front of my parked car. We were only in the house 15minutes. There was a red jeep parked outside another house that was missing when we returned and it seems that the paint stains on the damage to my car suggest that it was that jeep that was no longer there. We went and talked to the people at the house, a nanny was there who said she didn't have the owner's phone number (obviously). I've got a bad feeling there will be full denial etc... Surely the driver should have informed us?

I've no clue what to do in this situation? Any suggestions or crafty ideas to sort the situation out?


go to the police, file a report, go to your insurance company make a claim, write it off as a expense against life, or just ignore it, i do it with the dents/scratches on mine, and i have full insurance, i just cant be bothered making 5 claims a year
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Re: Car accident - legal implications for driver

Postby patagoniax » Wed Mar 23, 2011 10:45 pm

ingrambr wrote:... Surely the driver should have informed us?


Nope. Not in this country. Superficially polite but bereft of the meaningful pleasantries that typically characterise the civilised nations. Always remember where you are. This is latinoamérica: la cuna de la picardía. You must abandon your expectations of scruples at the door.

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