[quote name='GuilewasNK']Comparing a child and a cat in the same situation doesn't make sense. A human life for a human life is one of the worst catch-22's a person could deal with. A cat for the life of children isn't even remotely debatable. Even if there is a law against running over a cat that jumped in your way, the law for mowing down children is much more harsh, I guarantee it. They should be responsible for the medical bills of everyone they hurt.[/quote]
I would assume their medical bills would be covered by health care, as they have universal health care in japan.
The whole argument I made was based on it being unintentional, no decision to hit one over the other was ever made. The point of a law being in place protecting animals is that it would help the driver because the law defines it as something of value, meaning it's acceptable to engage in a dangerous driving behavior (such as swerving) to avoid, the same could not be said if the driver was avoiding a paper bag. In the u.s. (or at least much of it) you could get in trouble for not making an effort to avoid an animal such as a dog or a cat.
The only reason I mentioned a child is because some people flat out don't care about animals, and can't understand someone desperately trying to avoid one. For many people, seeing a cat jump out in front of your car will result in the same automatic reaction that a person would get.
I love animals (I wouldn't want anything to happen to my dog or cat), but given the choice between running over a cat and possible vehicular homicide of a line of 36 children the cat loses everytime. Saying the person was looking just straight ahead makes no sense. There is no way any court will believe that you didn't see the 36 children before you even got to the cat. I am sure they weren't obscured by shrubs on the side of the road.
That sounds good, but people change lanes into cars all the time, I've been in cars were people forgot to look before changing lanes on a highway. A lot of people run red lights without seeing them. I had a friend blow through a crosswalk once, there was a crossing guard walking out into the lane to stop traffic so kids could cross. He just treated it like any other road, no one was in front of him (crossing guard wasn't onto his half of the road yet) so he continued to go. He didn't notice them until after he went through it and I told him what he did. I also know someone who hit a parked cop car while driving.
There's no indication that the driver was aware of the kids. It's wishfull thinking to suggest that drivers are always aware of their surrounding. And it does not even appear that the police believed it was an intentional choice, since he was arrested for causing injuries due to negligence. The negligence likely being he was unaware of his surroundings. Sounds like the most he could get charged with is involuntary manslaughter (or the equivalent).