The driver who collided against JP Mantovani has already tested the Breathalyzer; Know more
The serious accident involving the influencer JP Mantovani And a truck raised the question: can the driver of the heavy vehicle be arrested? To clarify the question, the lawyer in criminal law Fernando Viggiano He explained which factors will be taken into consideration by the Court.
What does the law say
According to Viggiano, “the responsibility of the truck driver will depend on the in -depth investigation of the factual dynamics of the accident”. The Brazilian traffic code (CTB) establishes, in its articles 26, 28 and 29, that all drivers must drive carefully, prudence and respect the circulation rules. The violation of these rules can configure the fault for abandonment, unconsciousness or negligence.
When there is responsibility
According to the lawyer, if he shows that the truck driver has not correctly reported the road or has acted in an approval, he could be responsible for manslaughter in the direction of a motor vehicle (article 302 of the CTB), as well as suffering from administrative penalties, such as fines, score and even the suspension of the driving license.
On the other hand, if the investigation confirms that the driver has interrupted the activity with an adequate signaling of the light warning and has followed all the required precautions, “there is no facts-legal substrate to attach any criminal or administrative infringement”.
Responsibility of the motorcyclist
In this scenario, the collision could be attributed to the motorcyclist, who, as Viggiano highlights, also has duties in traffic: “He should observe the principle of trust, maintaining the safety distance and driving at speed compatible with road conditions, pursuant to article 29, CTB”.
Therefore, the prison or the sentence of the truck driver will only be possible if the experience and the investigation indicate a direct failure on their part. Otherwise, their responsibility is removed, leaving the authorities to verify that another vehicle or circumstance would have contributed to fatality.
Source: Terra
Ashley Fitzgerald is a journalist and author at Gossipify, known for her coverage of famous people and their lives. She writes about a wide range of topics, including celebrities, influencers, social media stars, and public figures. Her articles are known for their in-depth analysis and unique perspective. She is respected for her ability to keep readers up to date with the latest news and trends of the famous people.
