Dad shoots, kills Dept. of Corrections truck driver who fatally struck son, police say

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148. you don't, but it does not mean

you are entirely at fault.

Speeding and not paying attention, yes, but negligence is not always on the part of the driver just because they were the driver.

If kids are to be expected in an area, you have reason to look out for them, expecting them to do the unexpected, as kids will do. The reasonable person standard means if you expect kids to be around or see a lot of them around, you take more care.

But that does not make it impossible that you were doing the reasonable thing and could not avoid that accident. People feel terrible if they hit a kid, but it does not in itself prove they were negligent in their driving.

We don't know enough about this accident yet, but the father could have been negligent to some degree. That might explain his extreme reaction.

It's not either/or anymore - many jurisdictions figure out comparative negligence in percentages as the most fair way. Contributory negligence used to sink a claim entirely.