OMG: Jose Fernandez Killed in Boating Accident

[Fred]

Those other two men were big boys that made the decision to go out with him that morning. It sounds like all three were out drinking together and took off in the boat after 2AM. One of the guys had coke in his system (like Jose). It was just a poor choice that all three made.

[1952boyntoncollector]

Originally Posted by Fred

Those other two men were big boys that made the decision to go out with him that morning. It sounds like all three were out drinking together and took off in the boat after 2AM. One of the guys had coke in his system (like Jose). It was just a poor choice that all three made.

You would be great on a jury for a defense in any DUI auto accident in which the driver killed the passengers because everyone is a 'big boy'. The article says that jose would of been charged with manslaughter had he survived, so apparently you would disagree with that as well.

One of the passengers had no drugs in his system and had basicallyzero boating experience. I am pretty sure he was not aware of the risks

I guess the lawsuits are fruitless because it was the passengers fault for the accident

[Fred]

Jake,

I figure if someone is stupid enough to get into ANY type of vehicle when they know the driver is drunk then that's on them. I never said he shouldn't have been charged with a crime if he had lived. You can call it manslaughter, murder, or whatever - but think about it, those other two guys knew he was drunk. They played Russian Roulette and LOST. And no, I wouldn't let someone off the hook if they were driving drunk and caused the death of his passengers because his passengers knew he was drunk when they got in the vehicle. Geesh, chill out. Your assumptions are so off base.

[Aquarian Sports Cards]

He quoted you, but his response seems more like it was aimed at bnorth. That being said, with your thoughts shortly following his I can see where it sounded like you were in agreement.

[1952boyntoncollector]

Originally Posted by Fred

Jake,

I figure if someone is stupid enough to get into ANY type of vehicle when they know the driver is drunk then that's on them. I never said he shouldn't have been charged with a crime if he had lived. You can call it manslaughter, murder, or whatever - but think about it, those other two guys knew he was drunk. They played Russian Roulette and LOST. And no, I wouldn't let someone off the hook if they were driving drunk and caused the death of his passengers because his passengers knew he was drunk when they got in the vehicle. Geesh, chill out. Your assumptions are so off base.

i see you agree that the driver is responsible but 'that's on them' as also the responsibility on the passengers for being stupid and implying they are also responsible.

Depends on what you mean 'KNEW' he was drunk. If the guy tells you he had 2 beers but in a boat that means nothing compared to car. Did you kNOW? I know there can be counterarguments but the fact there can be arguments makes adding conditions silly.

Its starts to get complicated when we keep adding layers. Thats why the law is pretty simple. The driver/owner is responsible for the occupants. That way we arent worrried about who knew or should of known things. Nobody thought he would be driving 65 mph or whatever in a rock embankment like cmize said.

[Fred]

If you believe everything on the internet then....

According to the investigation the three were seen in a bar prior to the time they got in the boat. The assumption is that the three were probably together for a while during the evening. Yes, alcohol tends to screw up your judgement (like letting you pile drive your boat at over 65MPH into a jetty on a clear evening) but you have to figure in today's day and age you just need to be smarter when you decide to get into a vehicle with someone that is not in total control. I guess it could have looked worse if Jose was driving his vehicle (on the way to getting to his boat) and slammed it into a tree at 100MPH (killing all three) because society is less tolerant of drinking and then driving a 4 wheeled motor vehicle.

The time line is pretty interesting. Investigators seem to have it nailed down pretty good. The way I see things is that people "own" the consequences of their poor decisions.

I want my kids growing up knowing that consequences of their poor decisions is on them and nobody else.

[packs]

I don't think that's entirely true though. Getting on a boat with someone who was drinking isn't the same as signing your life away. I don't think it's right to blame a victim either. The two men aren't dead because they were drinking or doing drugs, they're dead because Jose Fernandez was drinking and doing drugs.

[Joshchisox08]

Originally Posted by packs

I don't think that's entirely true though. Getting on a boat with someone who was drinking isn't the same as signing your life away. I don't think it's right to blame a victim either. The two men aren't dead because they were drinking or doing drugs, they're dead because Jose Fernandez was drinking and doing drugs.

This sounds like what a lawyer would say. Sounds about as concrete as you can get about the situation as well.

[1952boyntoncollector]

Originally Posted by Fred

If you believe everything on the internet then....

According to the investigation the three were seen in a bar prior to the time they got in the boat. The assumption is that the three were probably together for a while during the evening. Yes, alcohol tends to screw up your judgement (like letting you pile drive your boat at over 65MPH into a jetty on a clear evening) but you have to figure in today's day and age you just need to be smarter when you decide to get into a vehicle with someone that is not in total control. I guess it could have looked worse if Jose was driving his vehicle (on the way to getting to his boat) and slammed it into a tree at 100MPH (killing all three) because society is less tolerant of drinking and then driving a 4 wheeled motor vehicle.

The time line is pretty interesting. Investigators seem to have it nailed down pretty good. The way I see things is that people "own" the consequences of their poor decisions.

I want my kids growing up knowing that consequences of their poor decisions is on them and nobody else.

It becomes a broader issue, people who drink go with designated drives. So if the people are drunk and dont realize their designated driver is too drunk to drive and an accident happens, its again the passengers to blame? I can see a failure in trust but thats not the same as being responsible for the accident.

The passengers didnt decide to drive, It was Jose. If Jose decided not to drive and nobody drove, then no accident happens.

I really think you just have to blame the driver on this who decided to man the wheel. It makes it a lot easier. If we go around blaming passengers for auto accidents for the fact of just getting into the car or boat thats a pretty slippery slope.

Afterall, we are trying to prevent impaired people from driving. Accidents end right there if people dont drive impaired. We dont need to get into the nitty gritty of what the passengers knew/how impaired were they/etc etc

[KMayUSA6060]

Reading some of the above comments, it's pretty easy to see how someone got millions from McDonald's after said someone spilled their own hot coffee onto their lap. The "victim" mentality in this country is unbelievable. Much like our welfare system, our court system has become a lazy way to make a quick buck and be set for life. Disgusting.

When the reports first came out that Jose had died, there was talks of mental instability. The rumor was he went out on the boat to clear his head, or at least that's how the media made it seem. If this story had been true, and IF his friends tagged along to keep him safe/calm/sane without any knowledge of his intoxication, then Jose could have been charged with murder/manslaughter/etc.

But that's not the case. The reports state that the 3 of them were together that night - all 3 had been drinking and 2/3 had cocaine in their system. Therefore they all made the choice to become intoxicated. Then they all made the choice, coherent or not, to get on the boat. With this being the truth...

Jose Fernandez is responsible for his own death. His one friend is responsible for their own death. His other friend is responsible for their own death. Simple as that.

What's really sickening is the families of the 2 people accompanying Jose are looking to sue Jose's fiancee - whom just had a baby last month might I add. I hope the judge dismisses any lawsuits against Jose Fernandez by these families. Of course, I don't have much faith in our judicial system to do that.

Accountability. Learn it. Live it. Love it.

[Stampsfan]

Trying to lighten this up a bit...

Originally Posted by Fred

I guess it could have looked worse if Jose was driving his vehicle (on the way to getting to his boat)...

Originally Posted by 1952boyntoncollector

That way we arent worrried about who knew or should of known things.

Regardless of the topic, I think I will support the view of the person who uses proper grammar.

Hard to believe one of these guys is a lawyer, and likely works with documents all day.

[1952boyntoncollector]

Originally Posted by Stampsfan

Trying to lighten this up a bit...





Regardless of the topic, I think I will support the view of the person who uses proper grammar.

Hard to believe one of these guys is a lawyer, and likely works with documents all day.

Attack the messenger and not the message. So someone for Nazis with great net54 grammar you will support. I will go on a limb and i will support the person that is against Nazi's with terrible net54 grammar.

Count me as an anti-nazi person no matter the grammar! Just lightening things up a bit...