FOCL Practice Test

What is the legal implication for Ramona striking a pedestrian while she was texting?

1. Civil suit

2. Criminally negligent homicide

3. Minor traffic violation

4. Intentional assault

The correct answer is: Criminally negligent homicide

When considering the legal implications of Ramona striking a pedestrian while texting, it's essential to recognize the concept of criminal negligence. Criminally negligent homicide occurs when an individual commits a negligent act that results in the unintentional death of another person. In this case, if the pedestrian was seriously injured or killed due to Ramona's distracted driving while texting, it could be construed as criminal negligence. This implies that Ramona had a duty of care to operate her vehicle safely, and by texting, she fell short of that duty, leading to a serious consequence. While the situation might also open the door for a civil suit due to negligence, the severity of hitting a pedestrian can elevate the potential charges to criminal negligence, depending on the jurisdiction and the circumstances surrounding the incident. Laws vary, but the act of texting while driving is often viewed as a significant breach of responsibility that could lead to felony charges like criminally negligent homicide in the most severe outcomes. This establishes the connection between her actions and the resulting harm, justifying the legal implications categorized under criminal negligence.