Personal Injury Law

Teen Killed In Yet Another Pedestrian Death On Oahu

By Wayne Parsons

KHON TV News reports the death of a 15 year-old boy in Waimanalo shortly after midnight on Saturday morning:

Police say a 15 year -old teen from Waimanalo was killed this morning after an SUV hit him. The accident happened around 1:55 a.m. fronting the Waimanalo Town Center. The victim was taken to a local area hospital where he later died. The driver of the SUV, a 47 year-old man also from Waimanalo was arrested for negligent homicide.

Negligent homicide is a misdemeanor charge that is punishable by up to a year in prison. No factors are known yet about how the tragedy occurred. Our thoughts go out to the family and friends of the young boy. Nothing is worse than losing a child!

§707-704 Negligent homicide in the third degree. (1) A person is guilty of the offense of negligent homicide in the third degree if that person causes the death of another person by the operation of a vehicle in a manner which is simple negligence.

(2) "Simple negligence" as used in this section:

(a) A person acts with simple negligence with respect to the person's conduct when the person should be aware of a risk that the person engages in that conduct.

(b) A person acts with simple negligence with respect to attendant circumstances when the person should be aware of a risk that those circumstances exist.

(c) A person acts with simple negligence with respect to a result of the person's conduct when the person should be aware of a risk that the person's conduct will cause that result.

(d) A risk is within the meaning of this subsection if the person's failure to perceive it, considering the nature and purpose of the person's conduct and the circumstances known to the person, involves a deviation from the standard of care that a law-abiding person would observe in the same situation.

(3) Negligent homicide in the third degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1988, c 292, §3]

If you have any information about this tragic accident please contact my office.

Full post as published by Honolulu Personal Injury Lawyer on July 18, 2009 (boomark / email).