(c) Apr 18 2001 RashiYomi Inc. MY COLLECTED & INDEXED MAIL JEWISH POSTINGS-Ver #1
Individual Postings 1st appeared(& were copied in html form) on the Email List Mail Jewish

From: rhendel@king.mcs.drexel.edu (Russell Hendel)
Date: Mon, 8 Jul 1996 21:30:39 -0400
Subject: Reckless Drivers Are Murderers

Just to add some fuel to Friedell's excellent question in V24 #54, I
once actually explicitly asked the Rav, Rabbi Dr Joseph B SOloveitchick,
about the status of murders coming from violating speed limits. The Rav
said that such a murder had a status of "accident close to intentional".

I might add that my brother (Judge Neal Hendel in Beer Shevah in Israel)
had a case a few years ago where a soldier was ordered to drive
someplace by his commanding officers. The soldier protested that he was
sleepy and in no condition to drive. Nevertheless the order was not
rescinded. So the soldier took two buddies with him to keep him up.  The
soldier fell asleep hit a bus and killed someone.

My brother found him guilty and wrote in his decision that the command
of a superior officer could not be used as an excuse for accidental
murder.  The case did cause some discussion (I told my brother that I
concurred with his lack of leniency since someone had died).

NOtwithstanding the above Steves (excellent) questions have not yet been
answered since the above speaks about murder while Steve inquired about
damages.  HOwever it does intensify the question: e.g. why is it that if
I intend to shoot an arrow 4 feet and it kills someone at 8 feet I am
judged at "accidental closed to intentional = almost intentional" while
if I intend to shoot an arrow 4 feet and it damages at 8 feet I am
*onlY* liable to pay for damage but not for pain, medical, and
disability.

Russell Hendel, Ph.d. ASA rhendel @ mcs . drexel . edu