回複：A real case

As what you have described, more likely this is a tort case, i.e. injured person seeking for compensation from the person who causes the injury. There may be a crimal charge against the driver but only if he is grossly negligent. In criminal cases, the prosecutor has to prove, "beyond reasonable doubt", that the accused committed the crime. Therefore, if there are two suspects and the evidence is not clear on who is the actual actor, criminal charges cannot be imposed on both suspects. However, if the case is a tort case, the standard is clear and convincing in most cases, which is much lower that "beyond reasonable doubt." Therefore, one may be aquitted for crimal cases but still be held liable for civil cases. In the above mentioned case, the two accused may be both held liable unless they are willing to tell the truth, i.e. who is the actual actor.

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• 回複：回複：A real case -renren- ♀ (264 bytes) () 12/29/2004 postreply 01:39:00