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Legal Practitionals In The House......please I Wanna Get Something Clear - Crime - Nairaland

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Legal Practitionals In The House......please I Wanna Get Something Clear by kirchofff(m): 12:45am On Feb 22, 2017
hello nairalanders, pls forgive any error in this piece cos i knw i'm not too good with english language......lemme start dis way, i just finished with my ND programme and I haven't found a place to run my 1 yr IT , so in order not to stay at home i go to my uncle's shop(a provision store) 4 now....so, last week someone who supplies us a certain product was supposed to supply us but didn't come to supply, so he came today( 21-02-2017) and i noticed he wasen't that happy. I asked him what the problem was and he told me they ran into trouble the day they were supposed to have supplied us, he said they just finished supplying someone, he(the supplier) got into the car waiting for the driver who was yet to come(he went to pee), so finally the driver came, entered the car and was about to close the door of the car, all of a sudden an incoming speeding bike just rammed into the door of the car, he fell and was gasping( he was also drunk, cos alcohol was oozing out of his mouth as he was breathing) they rushed him to the hospital and he died few hours later, they locked the driver up siezed the vehicle and the were asked to pay a sum of 1.1m to the family of the drunk bike man and the police also demanded a sum of 150k before their vehicle will be released to them.........now my question is: is it the driver's fault that d guy got drunk and rammmed into their vehicle??(isn't that bad?) Or why should they such a huge amount of money when it's not their fault............note: the driver has a valid drivers licence......pls forgive my typo errors
Re: Legal Practitionals In The House......please I Wanna Get Something Clear by Depreacherman(m): 1:15am On Feb 22, 2017
In advanced countries everyone is innocent until proven guilty but in Nigeria under (NPF) everyone is guilty until proven innocent.


It depends on where and how the car was packed, and for the fact that a life is involved bros is a big deal oh.

If a car kills a mad man, you go know say e get person!



That he has a valid driving license doesn't give him license to kill.....
Re: Legal Practitionals In The House......please I Wanna Get Something Clear by Legalaffairs(m): 2:15am On Feb 22, 2017
Police has a duty to draw the chart to identify the position of the parked car vis-a-vis the right of way of other road users like the bike man. Probably the car was wrongly parked and the driver was negligent enough not to notice the incoming bike before he opened the car door.

Every driver or rider owe every other road user a duty of care to a point that it behoves on you to prove that you were not reckless in any unforeseen cause of event.

In this case: if the drunkness of the rider was anything to go by, he would have rammed his bike at the back of the vehicle and not at the side door (suddenly opened). Probably he was caught unawares by the door.

You have the right to establish that you did not act recklessly or negligently in the given situation before the state of mind of the deceased will aid your case. But before then you must answer this question. Given the situation, would the same door have caught any other sober rider or reasonable man in his stable and sane mind?

If the answer of the above poser is yes; then you don't have a case nor a defense relying on the drunkness of the deceased. Hope this helps.
Re: Legal Practitionals In The House......please I Wanna Get Something Clear by kirchofff(m): 7:57am On Feb 22, 2017
Depreacherman:
In advanced countries everyone is innocent until proven guilty but in Nigeria under (NPF) everyone is guilty until proven innocent.


It depends on where and how the car was packed, and for the fact that a life is involved bros is a big deal oh.

If a car kills a mad man, you go know say e get person!



That he has a valid driving license doesn't give him license to kill.....

thanks for the reply sir, but my question is, is the case not supposed to be taken to court, y should the police/family of th driver bill the driver, i think it's unlawful
Re: Legal Practitionals In The House......please I Wanna Get Something Clear by kirchofff(m): 8:03am On Feb 22, 2017
Legalaffairs:
Police has a duty to draw the chart to identify the position of the parked car vis-a-vis the right of way of other road users like the bike man. Probably the car was wrongly parked and the driver was negligent enough not to notice the incoming bike before he opened the car door.

Every driver or rider owe every other road user a duty of care to a point that it behoves on you to prove that you were not reckless in any unforeseen cause of event.

In this case: if the drunkness of the rider was anything to go by, he would have rammed his bike at the back of the vehicle and not at the side door (suddenly opened). Probably he was caught unawares by the door.

You have the right to establish that you did not act recklessly or negligently in the given situation before the state of mind of the deceased will aid your case. But before then you must answer this question. Given the situation, would the same door have caught any other sober rider or reasonable man in his stable and sane mind?

If the answer of the above poser is yes; then you don't have a case nor a defense relying on the drunkness of the deceased. Hope this helps.

thanks for the concern sir........but was just thinking dat, if the driver was somehow injured or still in the hospital, would he still be charged?

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