Driver swerves to miss cat and hits 36 kids, one adult

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http://www.japantoday.com/e/?content=news&cat=2&id=353452

Driver swerves to miss cat and hits 36 kids, one adult in Shizuoka

Friday, October 28, 2005 at 07:41 JST
SHIZUOKA — The driver of a passenger car dodged a cat and the vehicle crashed into a line of nursery school children in the city of Shizuoka on Thursday afternoon, injuring 36 children and an adult looking after them, police said.

Five of them were injured seriously in the accident which occurred on a road with one lane on each side at around 1:10 p.m., firefighters said. The children are aged 4 or 5, and the adult is 23. The police arrested the driver, Akira Yano, 59, on suspicion of inflicting injuries caused by negligence.
 
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"Dude, that's some pretty fucked up shit right there!"
 
Someone's driving down the road and see's a cat right in front of their car, many people are just going to swerve or do whatever they can to avoid it. They're not going to look around them, weigh the possible side effects etc. It's an automatic reaction for many to avoid harming an animal such as a cat.

If someone was driving down the street and saw a kid, they're not going to look around to see if there's 20 of them sitting on the sidewalk, they're just going to focus on avoiding that one.

Arresting him is pointless, it's not going to prevent another genuine mistake from happening, and it's not punishing any real "wrong", just an unfortunate, thankfully not deadly, mistake.

This could come down to animal rights though. If japan recognized animals (or certain ones, like cats) to have some rights, and if it's illegal for a common citizen to harm them (like in the u.s.) then the guy has a case. If japan has minimal animal rights legislation, and the cat is not seen as having any legal value, then the method used to avoid it may not hold up (even though it's assumed he did not know the kids were there).
 
[quote name='alonzomourning23']Someone's driving down the road and see's a cat right in front of their car, many people are just going to swerve or do whatever they can to avoid it. They're not going to look around them, weigh the possible side effects etc. It's an automatic reaction for many to avoid harming an animal such as a cat.

If someone was driving down the street and saw a kid, they're not going to look around to see if there's 20 of them sitting on the sidewalk, they're just going to focus on avoiding that one.

Arresting him is pointless, it's not going to prevent another genuine mistake from happening, and it's not punishing any real "wrong", just an unfortunate, thankfully not deadly, mistake.

This could come down to animal rights though. If japan recognized animals (or certain ones, like cats) to have some rights, and if it's illegal for a common citizen to harm them (like in the u.s.) then the guy has a case. If japan has minimal animal rights legislation, and the cat is not seen as having any legal value, then the method used to avoid it may not hold up (even though it's assumed he did not know the kids were there).[/QUOTE]

Harumph!
 
[quote name='2poor']how did he manage to spot a cat and miss 36 kids and an adult?[/QUOTE]

I think most people will see what's directly in front of them more easily than what's on the sidewalk.
 
[quote name='alonzomourning23']Someone's driving down the road and see's a cat right in front of their car, many people are just going to swerve or do whatever they can to avoid it. They're not going to look around them, weigh the possible side effects etc. It's an automatic reaction for many to avoid harming an animal such as a cat.

If someone was driving down the street and saw a kid, they're not going to look around to see if there's 20 of them sitting on the sidewalk, they're just going to focus on avoiding that one.

Arresting him is pointless, it's not going to prevent another genuine mistake from happening, and it's not punishing any real "wrong", just an unfortunate, thankfully not deadly, mistake.

This could come down to animal rights though. If japan recognized animals (or certain ones, like cats) to have some rights, and if it's illegal for a common citizen to harm them (like in the u.s.) then the guy has a case. If japan has minimal animal rights legislation, and the cat is not seen as having any legal value, then the method used to avoid it may not hold up (even though it's assumed he did not know the kids were there).[/QUOTE]

yea i do the same thing.. Something runs out in front of the car you sweve the wheel.. I remember when i was talking my first driver test WAY back in 91 a stupid cat ran out in front of me and i slammed on my brakes and almost go rear ended by a truck... The person giving the test said you almost cause a wreck and i just turn to them and say At least the cat is okay... Funny thing is i still passed
 
My question is how big was this cat. How much did this man have to swerve to avoid it. Most people would just brake really hard. most of the time a little jerk on the wheel and you can avoid something this guy did a stuntman and pulled on the wheel all the way.
 
The guy must have been going pretty fast. I've had to slam on the brakes to avoid animals before but I've never had to swerve really hard onto a sidewalk.
 
[quote name='vietgurl']The guy must have been going pretty fast. I've had to slam on the brakes to avoid animals before but I've never had to swerve really hard onto a sidewalk.[/QUOTE]

This is in JAPAN
 
[quote name='alonzomourning23']


If someone was driving down the street and saw a kid, they're not going to look around to see if there's 20 of them sitting on the sidewalk, they're just going to focus on avoiding that one.

Arresting him is pointless, it's not going to prevent another genuine mistake from happening, and it's not punishing any real "wrong", just an unfortunate, thankfully not deadly, mistake.


This could come down to animal rights though. If japan recognized animals (or certain ones, like cats) to have some rights, and if it's illegal for a common citizen to harm them (like in the u.s.) then the guy has a case. If japan has minimal animal rights legislation, and the cat is not seen as having any legal value, then the method used to avoid it may not hold up (even though it's assumed he did not know the kids were there).[/QUOTE]

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.


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.
 
[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).
 
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