Campervan that hit bikers a couple of weeks back

[MSTRS:Me]

Why therefore bother to charge her at all ? Serious question.

I can accept that the woman is remorseful. But what then has charging her accomplished? The $31K is meaningless , a pittance to the families of the dead , almost an insult. And it cannot (certainly should not) be a matter of any great account to her,compared to the remorse/guilt etc.

So, what has society achieved by charging her at all ?

Remember too, the charge was careless driving causing death . For such a charge to stick, it is manifestly necessary that greater care could have prevented the crash.

She was charged because that is what the law requires. Whether it was a good charge or not was never tested, and never proved because she pled guilty.
Using your rationale, there would be a whole lot of 'no charging' going on, because there would be no benefit to society in doing so.

[Street Gerbil]

$31000 and that on her concience for life... could've been a worse outcome.

Forgive my cynicism, but I don't buy into the remorse business. I find it a lot more plausible that the lady is just happy that she escaped from what would have likely been a huge reparation, a couple of decades worth of community service, and disqualification for life in Austria, scot free.
The amount of reparations is ridiculous and regardless of what others have said "regarding rather preferring to have their loved ones back" (and I agree with this notion), it should have been a bit more punitive and just demonstrates the (ridiculously low) value the government places on human life.

[ynot slow]

Compensation-I would think when hiring a campervan in this country,that you would have public liability insurance built into vehicle insurance.That could be used to pay for the victims,up to max limits of policy.

Easy to be wise afterwards re control of van,and the sight of the bikes coming towards her could have been a factor,as she said she did over correct the van.

[Conquiztador]

4 people are dead. One of them a 11 yo girl. 2 badly injured. There will be mothers, fathers, brothers, sisters, partners and children who's lives will never be the same.

We have a couple who caused the deaths and injuries. One of them was driving. A mistake on the drivers behalf caused this. She has admitted that she made a mistake. That she caused the deaths. She has said sorry and offered all the money she had. $31K.

I have no solution to this. No idea how it should have been dealt with.

The only things I have to offer is:
- Whatever "punishment" she was handed will not change the situation that 4 are dead.
- There seems to be a strange line between sentencing when you have caused someones death in NZ. The "sorry, I did not mean to kill them, I lost concentration for a second" gets you $31K for 4 lifes. But the "sorry, I did not mean to kill them, but I was busy texting" would put you in jail.
- In another country a married woman was sentenced to 200 lashes for having being raped (she was pardoned!), a teacher got jail sentence for calling a teddy bear Muhammed (she was also pardoned). Wonder what the sentence for killing 4 of those countries citicens with a camper would have been?

[Paul in NZ]

I suppose you could call my previous post petty or callous. You could say a lot of things. None of them are going to bring my brother back. He was killed by a slight moment of inattention by a driver while he was riding his bike.
I still remember the times we had together. I still remember the pain I felt when I was told of the accident. I still visit his grave and know that I won't be spending any time with him at christmas or his birthday or any other event. Nor will his son.

It was just an accident. That could have not happened at all if someone had been paying a little more attention.

And how would you describe your own lack of attention earlier this year that could have easily resulted in your family loosing you Col? Did you take responsibility for it like she has or did you blame the circumstances like she could (because there IS more to this than you know)?? How would your describe my missing the beginning of an infection that nearly killed me last sunday, irresponsible? How do you begin to describe the antics of people on this site who deliberately place their life and others at risk every day - yes I've seen how some people friggin ride. 'Accidents' happen because several things go wrong in a peculiar sequence.

I'm sorry to be just singling you out and don't take it personally - I don't have the energy to rebut every point the lot of you make.

As I posted earlier - I've actually met this couple when I was in ChCh a few weeks back. I know a little more about the event than most of you and let me assure you that this very nice couple are utterly utterly devestated by this very unusual event that was not 100% their fault and yes - $31,000 does not seem much for a life but she offered everything she had to try and make amends - she offered it before it was demanded, the families involved, the court everyone who has had some involvement with this case agrees that there is a sadness about it because of the guilt and remose of these good people.

Frankly - the attitude of some people here, considering their own VERY pliable morals UTTERLY digusts me. You want to judge people? Look in the bloody mirror and pray there is no god - because one day you may just find yourself in the hot seat! These people stuffed up in an unlucky circumstance and a very bad thing happened. They are beyond sorry - save your bile for the repeat drink drivers, the deliberate overtakers and the serial abusers who DON'T care.

I didn't think I could be offended on KB any more - I was wrong...

[Her_C4]

Good points - and.....

Frankly - the attitude of some people here, considering their own VERY pliable morals UTTERLY digusts me. You want to judge people? Look in the bloody mirror and pray there is no god - because one day you may just find yourself in the hot seat! These people stuffed up in an unlucky circumstance and a very bad thing happened. They are beyond sorry - save your bile for the repeat drink drivers, the deliberate overtakers and the serial abusers who DON'T care.

I didn't think I could be offended on KB any more - I was wrong...

Well said - there but for the grace of God go I.....

[Colapop]

I do Paul, take responsibility for my actions. I have changed my outlook significantly since that accident - that I was equally responsible for causing. I'm asking in a probably very blunt way that we all take responsibility for our actions and actually contribute to society rather than expecting only to take from it.
I am not offended by a comment that has no intended malice or acid. I respect that it is said with positive intent other than to solely defame and abuse which all to commonly seems to be the case at times (in the forum).

I teach my kids the three R's;
Respect for others
Respect for self
Responsibility for all your actions

I realised earlier this year that I should be following the same rationale.

[Nasty]

From stuff...

Mr Raymond said Schellnegger's partner was reading a map immediately before the crash, looked up and saw the campervan apparently drifting on to the narrow grass verge on the left of the road and likely to hit a roadside marker post.

While such posts were flexible in New Zealand, in Austria they were solid. Fearing the van would hit a post he yelled "Heike" and Schellnegger overcorrected, losing control of the vehicle.

Mr Raymond told the court every driver at some stage had experienced moments of carelessness without major incident.

"Unfortunately in this case there were the most terrible consequences imaginable."

Judge Saunders said the word "tragedy" was an often overused word in court.

"But by any measure this was a truly ghastly tragedy."

He noted there were no aggravating features, such as alcohol or speed, that had contributed in any way to Schellnegger's carelessness.

Its a tragedy that this happened .... she was at fault and admitted it .. she did not fight ... why lynch her when she does that to herself?

[Hawk]

Oh, puhleeeze. And I'm not just referring to Mr Dan, either.

She had AN ACCIDENT. She wasn't drunk. She wasn't fucking speeding. She wasn't doing a u-turn to pursue an allegedly speeding biker. She didn't, FFS, see a whole raft of bikers coming and decide to mow them all down. No. She drifted onto the gravel - probably trying to make some more space for the bikers - felt it pull left, overcorrected to the right, and by the looks of things the weight of the top of the camper has pulled it into the corner and into the path of the oncoming bikers.

She made no attempt to hide the fact. Never once claimed it was anyone's fault but her own. And feels awful about the whole thing. Sure, thirty grand is neither here nor there, but ... honestly ... it's not like locking her up would help, is it?

Fucks' sake. Are you trying to tell me that nobody here ever has an accident? Ever?

Dave

what he said

[Grahameeboy]

Yeah I can see how the poor dear would have the deaths of these people on her conscience. It must be hard on her. I wonder what it's like for the families of the people that she killed by her inattentiveness. I shouldn't be so harsh - she has to pay a pittance for the lives she's taken. $31k NZD vs Euro's from an architects salary... yeah I can see the pain she's suffering...

That is harsh and judgemental.

No amount of money can compensate the loss. If she paid $1 million would that make you feel better about things. I suspect not.

She made a mistake. She came to NZ for a holiday and it all went wrong and I am sure that she is more than a 'poor old dear' and possibly the Insurance paid the damages anyway.

For a Country which has an appalling fatal rate per population whatsit, we should not so easily judge the accidental actions of others.

[SHELRACING]

Well personally I think she should pay reparation for the rest of her life, no matter where she lives.
$30k per year, NZ$, to the families.

[Grahameeboy]

Forgive my cynicism, but I don't buy into the remorse business. I find it a lot more plausible that the lady is just happy that she escaped from what would have likely been a huge reparation, a couple of decades worth of community service, and disqualification for life in Austria, scot free.
The amount of reparations is ridiculous and regardless of what others have said "regarding rather preferring to have their loved ones back" (and I agree with this notion), it should have been a bit more punitive and just demonstrates the (ridiculously low) value the government places on human life.

Yep we pay ACC for 'non-fault' compensation so we can get compensation for stupidity so what did she do wrong as she was not stupid and made a simple mistake

[Grahameeboy]

Well personally I think she should pay reparation for the rest of her life, no matter where she lives.
$30k per year, NZ$, to the families.

Reparation is not the same as compensation that you have in say country's like the UK where dependants would be able to claim damages for loss of future income. In the UK the family would only get funeral costs for any dead family members who did not have dependants and possible damages for PTSD if they saw the accident.

[candor]

Do any of you here actually have any proof that negligence caused this accident?
Anyone? No?
Or was it deliberate? No?
In that case, an accident is what it was,

The article in Stuff re sentencing made clear it was no accident - but a crash. It strongly implied by her partners report she was nodding off. He said she was veering off the road toward a post. In Austria posts are solid not knock overable like ours. So he yelled at her - this must have given her a jolt from her ?nap because when he yelled she pulled hard right. Would you do that - over correct if awake?? If you're not fit to drive or paying attention...

No accident - either fatigue or less likely drugs (they don't test) would be my guess based on described sequence. Negligence clearcut anyway, and that would explain the guilt level, and her offer to pay all her life savings.

One years disqualification doesn't cut it. Money easy to part with - convenience not. Let her have 3 years disqualification at least - catch the buhloody bus. Some repentence is needed here - and this sentence was a joke. No deterrence, and failed to address the problem. It was to be expected this hand slap, given the medias long grooming of the public to feel for the damsel in distress and potential tourist impacts had she received the sentence a Kiwi would have. Still - quite a shock, how slack it was.

[jonbuoy]

Whats worrying is that some people here can't understand how guilty and wretched she must feel for causing those deaths. Maybe because they themselves wouldn't feel bad about it?