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  • #16
    Originally posted by Capn Circus
    You were backing out of your garage on your own property, but didn't look in your rearview mirror and you ran over a kid or another person. Would it be your fault? Because, technically, he shouldn't have been on YOUR property in the first place, right?
    Hopefully you are speaking hypothetically because if not, this shows how much disregard you have for human life.

    In essence, under Texas law and depending on the circumstances, if you ended up killing the person you would be charged with a lesser Homicide offense such as Manslaughter or Criminally Negligent Homicide. If you injured them to any degree, you could be charged with Aggravated Assault either causing serious bodily injury or using a deadly weapon (your car).

    Think of it this way, when you're driving down the street and a pedestrian walks into the roadway, do you have a duty to render due regard for that pedestrian in the roadway? Yes you do. Is the pedestrian at fault for crossing at a point other than a corsswalk? Yes, they are. Even if they are at fault, you would have the greater responsibility since you're operating a one ton object and they weigh, at best, 200 or so pounds. You could inflict a lot more damage on them than they could you.

    The same spirit would apply in your driveway, while they may not have the right to be on your driveway, you don't have the right to run them down. The only way you *might* is if you would be authorized in using deadly force against them to terminate their trespass on your land and they would have to be doing something like trying to commit Arson, Burglary, etc for that to be seen at all justified to a Grand Jury.

    See the Texas Penal Code chpt 9.41 & 9.42 for more on this.

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    • #17
      Originally posted by RabbitMPD
      Uh oh, we found the "what if" guy.
      Not only that but they're only 16.

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