People v. Clark

431 N.W.2d 88 (1988)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D was the driver of a semitrailer truck. As D approached an intersection, the green traffic signal changed to yellow. D used his brakes in an effort to slow down and stop, but then accelerated and entered the intersection on a red light. The victim entered the intersection immediately upon getting the green signal. Both D and the victim attempted evasive maneuvers immediately prior to the collision. D's semitrailer truck collided with the victim's van. A Michigan State Police trooper testified that the victim had not been wearing a seat belt and that, upon the initial impact of the two vehicles, he had been thrown from the driver's seat across to the right side of the van and out of the passenger door window to a grassy area adjacent to the intersection. The victim had struck his head on D's semitrailer truck as it went by, causing head injuries from which he eventually died. The trial court ruled that evidence of the decedent's failure to wear a seat belt was inadmissible. D was convicted of negligent homicide. D appealed.