Summary
A volitional act is an action performed with deliberate intention. In New Jersey, for causation, the defendants action must be a substantial factor in causing harm and not overly dependent on anothers intentional act. In cases like speeding and illegal turns, both parties actions are evaluated. Death by auto is a serious charge, often a second-degree crime, with potential penalties including imprisonment and fines. The other drivers illegal turn and impairment are significant factors in determining causation and liability. Speeding alone is a traffic violation but can lead to severe charges if it results in harm. Both parties actions will be scrutinized to determine liability.Full Conversation
What is a voltional act
Hi ****! A volitional act refers to an action that is performed with deliberate intention or will.
Could you please provide your location so I can give more specific legal information relevant to your area?
Nj
Hi ****! Thank you for providing your location. A volitional act, as mentioned, is an action performed with deliberate intention.
Is there a specific legal issue or context in New Jersey where this term is relevant to your situation?
For causation it says it can’t be too depended on another volitinal act
Hi ****! In New Jersey, for causation in legal terms, it generally means:
- The defendant's action must be a substantial factor in causing the harm.
- The harm should not be too dependent on another person's intentional act.
Is this related to a specific case or incident you're dealing with?
Yes
Hi ****! Thanks for confirming. To provide more precise guidance, could you share more details about the case or incident you're dealing with? For instance, is it a personal injury claim, a criminal case, or another type of legal matter?
I briefly accelerated to * mph, as I was slowing down another driver made an illegal turn over * sets of double yellow lines spaced * or more feet apart and under the influence of * illegal drugs
Thank you for sharing more details, ****. Here are some key points for understanding causation in your situation under New Jersey law:
- **Comparative Negligence:** New Jersey follows a comparative negligence rule, meaning both parties' actions will be evaluated.
- **Substantial Factor:** Your speed could be considered a substantial factor if it contributed to the accident.
- **Other Driver's Actions:** The other driver's illegal turn and impairment will also be significant factors.
For more specific advice, you might consider consulting a local attorney.
Would you like information on the nearest court in NJ?
He did not survive so I was charged with death by auto
Hi ****, I'm sorry to hear about your situation. In New Jersey, death by auto is a serious charge. Key points include:
- **Second-Degree Crime:** Typically, death by auto is a second-degree crime in NJ.
- **Potential Penalties:** Penalties can include imprisonment, fines, and license suspension.
- **Defenses:** Factors like the other driver's illegal actions and impairment may be considered in your defense.
Would you like information on the nearest court in NJ to handle this matter?
Would the illegal turn and impairment be volitional acts?
Hi ****, in legal terms, an illegal turn and impairment due to drug use are considered volitional acts because they are actions taken with deliberate intention. This means they can be significant factors in determining causation and liability.
Would you like details on the nearest court in NJ for more specific assistance?
Could I be acquitted based on the volitional acts of the other driver?
Hi ****, in New Jersey, the other driver’s illegal turn and impairment could be significant factors in your defense. However, your own actions, like speeding, will also be considered. The court will evaluate all factors to determine liability and causation.
Would you like information on the nearest court in NJ for more specific assistance?
Is speeding a crime
Hi ****! In New Jersey, speeding is considered a traffic violation, not a crime. However, excessive speeding, particularly if it results in harm or is linked to reckless driving, can lead to more severe charges.
Would you like details on the nearest court in NJ for further assistance with your case?
So without the illegal turn there is no crime right?
Hi ****, in New Jersey, your speeding alone could still be a factor in determining liability. The illegal turn and impairment of the other driver are significant, but your actions will also be scrutinized.
Would you like details on the nearest court in NJ for further assistance with your case?
But if you remove the illgegal turn from the other driver speeding alone is not a crime?
Hi ****, in New Jersey, speeding alone is generally a traffic violation, not a crime. However, if excessive speeding results in a fatality or serious injury, it can lead to more severe charges.
Would you like information on the nearest court in NJ for further assistance with your case?
What if the result of the fatality was because of the other drivers illegal actions?
Hi ****, in New Jersey, if the other driver's illegal actions were the primary cause of the fatality, it could significantly impact your defense. Both parties' actions will be evaluated to determine liability and causation.
Would you like information on the nearest court in NJ for further assistance?
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