Brandy Crash -- Dead Woman at Fault?

136. For those of you who are defending the tailgaters, none of what you're saying matters. The only thing that matters is what the law says, and I believe the law says the rear-ender is always at fault. End of story. It doesn't matter if you feel sympathetic towards that person. It's like arguing that someone's not at fault when they run a red light because sometimes it's hard to time it perfectly. Doesn't matter, you still broke the law, and if you injure or kill someone in the process you're liable.

Posted at 7:33PM on Dec 26th 2007 by Chris

137. How can anyone here say who is at fault when clearly none of us were there?? A rear-end collision is not always the fault of the driver who hits the car...if a person suddenly hits their breaks in the middle of the freeway especially if this is during heavy traffic or at high speeds; there is rarely enough time or space to react and not bump the car ahead of you. I've had it happen to me and I've also done it. What they need to figure out is what was this woman's cause of death, if she was already dead when Brandy hit her car, then you can not charge her with killing someone who was already dead, they must charge the individual who's car the woman hit before they can charge Brandy...because that would be the actual person who cause the death, the woman hitting another car may have cause her death and that would possibly make it so that no one was at fault, or at least no one who is still alive. I don't believe their "letting Brandy off", they're simply doing a proper investigation into the cause of the woman's actual death.

Posted at 7:37PM on Dec 26th 2007 by RealityCheck

138. Not the same as running a red light at all and that's a stupid generalization. I hate when people decide that what you said means something completely different. I'm not talking about red lights, I'm talking about freeway driving and I don't believe any of you liars drive so far away that you would never get into an accident. You know why, because when I'm on the freeway in rush hour traffic, I never see cars six car lengths behind the car in front of them. NEVER! You don't have to be tailgating someone to not be six car lengths away. That's one extreme to the next. I'm not saying that this was not a completely unfortunate tragedy, but to say that ANY criminal charges should be filed is unnecessary.

PS. NEWSFLASH!!!!!!!!!!!!!!!!!!
It should be obvious to you that Brandy wasn't tailgating the woman because if she was there would be no question as to whether or not she was guilty and charges would have probably been filed a long time ago. But what I really don't understand is why you vultures want another person in the prison system living off your tax dollars. Can we reserve prison for the real criminals and not people caught up in unfortunate situations?

Posted at 7:47PM on Dec 26th 2007 by FU!

139. Look at the poor little TMZ regulars getting their moral indignation tossed back in their faces. Aww... makes me wanna LMFAO!!! LOL

Posted at 7:56PM on Dec 26th 2007 by Goliano

140. In Re to Chris:

So since the woman who is dead rear-ended someone else and that may have cause her death, are you saying that she is at fault for her own death? Because if as you say that the law states that it is always the rear-enders fault and it may be the case that this woman was already dead when Brandy hit her, then the other person who's car was hit should be able to sue the family of the dead woman...RIGHT?? I mean if they're going to charge Brandy with killing someone who may have already been dead, then the other person should be able to sue to get their car repairs and such according to your logic. Once again, people don't think things through when they say them they just spew out all this hate because their angry.....Go take some Xanax and get over it, if Brandy were at fault for this woman's death they would have been able to charge her long time ago!!

Posted at 7:56PM on Dec 26th 2007 by RealityCheck

141. Common Law (California Law)

In its purest form, "fault" for causing an accident is either created by statute or defined by common law. Common law recognizes four basic levels of fault:

1. negligence
2. recklessness or wanton conduct
3. intentional misconduct
4. strict liability (irrespective of fault)


Negligence generally means careless or inadvertent conduct that results in harm or damage
Reckless or wanton conduct generally refers to a willful disregard for whether harm may result and/or a disregard for the safety and welfare of others.
Strict liability may be imposed, even in the absence of fault, for accidents involving certain defective products or extra hazardous activities (such as the transporting of explosive chemicals or driving with faulty brakes).


Brandy is not guilty of Reckless/Wanton conduct or intentional misconduct as far as I know, the officers would have charged her at the time ,drugs/alcohol were not a factor neither was a cell phone. She was also not guilty of strict liability her car was in good order etc.
What she may be charged with is negligence in following too close, or for not paying attention

The fact that the car she hit had just hit another car places some but not all of the blame on the other woman. The result would be a charge of contributory negligence. For Brandy to be charged with manslaughter (murder would not be a valid charge) the courts would need to prove recklessness or intentional misconduct. Which they can't

Posted at 8:02PM on Dec 26th 2007 by Giz

142. Posted at 7:33PM on Dec 26th 2007 by Chris
128. ... The only thing that matters is what the law says, and I believe the law says the rear-ender is always at fault. End of story.
**********************************************************************************************************
Chris, you ARE WRONG.
There ARE "no fault accidents", I know because my husband had one. My husband hit a car from behind while turning left in a turning lane and crossing railroad tracks all at once. The person in front slammed on his breaks to turn into a parking lot that he almost drove past, setting off a chain reaction that caused my husband to hit the car in front of him, as they were all close together, all making the left hand turn at the same time, as one does in a turning lane,.

The cop did not ticket my husband, and declaired it a "no fault accident". Our insurance did not go up, either.

FOR ALL OF YOU THAT HAVE THE NEED TO ALWAYS PLACE BLAME...ACCIDENTS ACTUALLY DO OCCURE IN REAL LIFE.

Posted at 8:20PM on Dec 26th 2007 by Petite

143. A car drove into me and broke bones while I walked in a cross-walk. The cop did not cite the careless driver who was stopped and then started to make a right-turn when it hit me. Just because a cop doesn't write a citation doesn't prove much. Cops are given descretion. If a cop is lazy or dumb or chooses to protect the celebrity means you are crap-out-of-luck. I wouldn't take some cops to a dog show.

Posted at 9:05PM on Dec 26th 2007 by Trish

144. IT WAS SIMPLY A TRAGIC ACCIDENT.

Posted at 5:20AM on Dec 27th 2007 by LUCI

145. Why are you people trying to find a way to make Brandy look like a murderer? Clearly the woman was at fault. No record of Brandy doint any wrong, this woman was going 65 mp like everyone else and had weed in her system, how is this getting off?

Lame..... Brandy god is with you, people will always have there opinion and see things for what they want to see them and not for what it really is, only one that matters is the man upstairs.

God bless.

T.N

Posted at 10:11PM on Dec 26th 2007 by Tyrelle

146. Geez, quite a miriade of respnses to this one. So many, it answers or explains anything I could add to or comment on. So I'll just say his: To # 18; ABSOLUTELY, # 21 GO BRIDGET, # 22 PHATELLEN and # 26 HOLYCRAP, "DITTO" and for # 30,JIZY; "YES, SHE DOES"...PEACE TO ALL!

Posted at 11:39PM on Dec 26th 2007 by 4chunKookeez

147. ill bet petite is the last thing people would use to describe you # 137.

Posted at 10:33PM on Dec 26th 2007 by RoughDaddy

148. I Feel For Brandy..... Being Labled A Murderer Over A Traffic Accident Is Horrible No Matter Who You Are What Race You Are Or How Famous You Are... The Woman She Hit Hat Marijuana In Her System And Hit The Car Infront Of Her..... Unfortunately She Is The One At Fault Started The Chain Of Events That Resulted In Her Own Death.... If Brandy Had Marijuana In Her System Too Then You Could Blame Slow Reaction Time And Place Some Responsibility On Brandy... But Brandy Was Clean... Ask Yourself Have You Every Driven On A California Highway? Scary Place.... I Feel For All Involved But Brandy Is Clearly Not A Murderer...

Posted at 10:50PM on Dec 26th 2007 by NotAnAmericanIdiot

149. So what year was your Mustang RoughDaddy? Mine was a 93, the last year they made that model before they re-designed it.

Posted at 10:38PM on Dec 26th 2007 by Kelli

150. I see your vacation from A and E was obviously not long enough! They should probably be reminded of who you really are... You're still the same and all that cryin' and lyin' on national TV was all a crock of B.S.

Posted at 11:36PM on Dec 26th 2007 by 4chunKookeez