perhaps, but for the actions of the two jv's an accident wouldn't have occurred.
I agree.
However, if the driver was driving the vehicle within the bound of the law, the accident also would not have occurred.
Ohio Code 4511.21. Speed limits.
(A) No person shall operate a motor vehicle, trackless trolley, or streetcar at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface, and width of the street or highway and any other conditions, and no person shall drive any motor vehicle, trackless trolley, or streetcar in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead.
According to an earlier AP story, Roby wasn't the first driver to come across the decoy. The others were able to avoid the decoy without mishap.
The kids "prank" was criminally wrong. I even agree that their actions were likely to cause damage to someone's car, but for an accident of this severity to result, the driver had to be driving well outside the boundaries of safe driving.
Both parties share some responsibility in the result.
The driver is already suffering enough. Adding additional penalties seems pointless if not cruel. However, it's not justice to lay all the blame on the pranksters either. The deserve to be held accountable for their part in the accident, but not for overt negligence or recklessness on the part of the driver.
I'm basing my opinion that such recklessness or negligence existed on the legal requirements for drivers, on the reports that others were able to safely avoid the decoy, and on the fact that the decoy was stationary and present before the driver approached.
It appears that improper cations on the part of both parties existed which means they share in the responsibility for the results, but neither if fully responsible for the results.