Fatal Car Accident

[Icarus]

A few months ago I was involved in a fatal car accident in which a pedestrian was killed. I was not arrested for various reasons, however under Japanese law, I am in the wrong. The police sent the papers to the prosecutors in mid February but I have heard nothing yet. Does anyone know how long the prosecutor takes to make a decision on whether to lay charges or not. Does anyone have any experience in this.

[honey]

The fact that you don't have a lawyer at this very second suprises me. (I can tell because you are here posting this and asking these questions.)

[Icarus]

I'm glad that were able to tell . . . .
However your assumption is incorrect.

The fact is that I do have a lawyer (two in fact) and both give differing opinions. For that reason I have placed this post in the hope of receiving some further useful input.

[HavanaClub]

For starters, I'd say I'm surprised that you're not in police custody right now. Why not tell us about these "various reasons" you were not initially charged so that people can give more informed advice.

[paulh]

For starters, I'd say I'm surprised that you're not in police custody right now. Why not tell us about these "various reasons" you were not initially charged so that people can give more informed advice.

Personally I dont think he would be in jail if the incident was accidental, but there was a fatality. An intentional hit and run is one thing. Bowling over a jaywalker or some one who walks out in front of you when they are not looking where they are going would be classed as unintentional and accidental.

[HavanaClub]

Hi Paul. Really just speculatiuon on my part although I did witness an accident about four years ago that kind of coloured my impressions.
Was looking out the tenth floor window of my apartment when I see one guy being chased down the street by a group of four others. They soon caught him and started beating the living ____ out of the poor guy. He managed to escape but, looking quite dazed, staggered onto the road into oncoming traffic where a Uni student on a motorcycle ran right into him. The guy was pronounced dead at the scene. When the fuzz arrived, they detained the driver of the motorcycle (the four chimpira-type lads had already fled). When questioning my wife and I about what we'd seen, the cop emphasised that any evidence we could give would be very important in saving the kid on the bike from probable jail time. Kind of surprised by the way the cop was approaching this, I reiterated that the kid had hit the guy ACCIDENTALLY after he'd been beaten up by the runaway thugs. The cop said, basically, that that was all well and good but that the kid hit the dead guy and therefore, was in heaps of trouble - regardless of the fact that he didn't intend to. Subsequent anecdotal bits I've heard about "the larger vehicle's driver being considered guilty by default" have also contributed to my impressions of the OP's situation. Anyway, 'twould be good to hear the details.

[Icarus]

For obvious reasons I can't go into detail at this point in time. Revealing too much would create problems and it is not relevant to the point of my question. Suffice to say that I am well known in the area, have permanent residency and they decided (after a lot of persuasion) that there was no risk of flight.
This is unusual but not impossible.
When everything is settled I will be posting a full account on the Internet as a guide to others. But in the meantime, I would be grateful if anyone has any first hand experience with prosecutor proceedings as this is the next step and I am wondering how long it will take before they contact me. One lawyer says a month (already past) another says two and a third says three months or up to a year.

[Icarus]

Postscript:
Contrary to popular belief, the police here aren't all bad in the same sense that all foreignors aren't bad. Cooperation rather than antagonsim, establishing the fact that you won't be railroaded and telling the truth and sticking with it.

[thickmick]

So they were more interested in what was happening to the kid thatn chasing down the thugs ?
somone I knew suffered a very similar fate in nagiya a few years ago .He was gaijin

Hi Paul. Really just speculatiuon on my part although I did witness an accident about four years ago that kind of coloured my impressions.
Was looking out the tenth floor window of my apartment when I see one guy being chased down the street by a group of four others. They soon caught him and started beating the living ____ out of the poor guy. He managed to escape but, looking quite dazed, staggered onto the road into oncoming traffic where a Uni student on a motorcycle ran right into him. The guy was pronounced dead at the scene. When the fuzz arrived, they detained the driver of the motorcycle (the four chimpira-type lads had already fled). When questioning my wife and I about what we'd seen, the cop emphasised that any evidence we could give would be very important in saving the kid on the bike from probable jail time. Kind of surprised by the way the cop was approaching this, I reiterated that the kid had hit the guy ACCIDENTALLY after he'd been beaten up by the runaway thugs. The cop said, basically, that that was all well and good but that the kid hit the dead guy and therefore, was in heaps of trouble - regardless of the fact that he didn't intend to. Subsequent anecdotal bits I've heard about "the larger vehicle's driver being considered guilty by default" have also contributed to my impressions of the OP's situation. Anyway, 'twould be good to hear the details.

[patentcom]

This case involves three independent, but related legal aspects, namely, criminal case, civil case and administrative case.

The criminal case would relate to professional negligence resulting in death or injury under Penal Code, Section 211. If you are driving under influence of alcohol or illegal drug, dangerous driving resulting in death or injury under Penal Code, Section 208bis would apply.

According to one web site run by a professional lawyer, if a victim suffers injury such that it takes more than three weeks to heal, the prosecutor will indict a driver. If this accident is the first time for a driver and if the driver is in sincere remorse, the sentence may be suspended, and the driver may not have to go to jail. In general, in Japan, remorse is an importanct factor in criminal cases.

According to another web site, a prosecutor would ask you to come to the prosecutor's office in two to three months from the accident for the criminal case. Then, you may be indicted.

The civil case involves a tort, and you are obligated to pay a compensation for damage. If you are insured, the insurance company will be in charge of the civil case.

The administrative case involves your driver's license, which may be rovoked.

If you settle the civil case with the victim or his/her family, then the criminal case will become advantageous to you.

I would suggest to contact an attorney to settle the civil case.

I hope that this information would help you.

[HavanaClub]

So they were more interested in what was happening to the kid thatn chasing down the thugs ?
somone I knew suffered a very similar fate in nagiya a few years ago .He was gaijin

The one I witnessed was in Nagoya, was a few years ago, and was a foreigner. Same case perhaps?

[thickmick]

The one I witnessed was in Nagoya, was a few years ago, and was a foreigner. Same case perhaps?

Did you ever talk to the family ,his name was Tony he had 3 kids
did the police ask you for info regarding the assailants ?

[Icarus]

Many thanks for the well researched information.

The down side to this is that family of the victim are demanding several hundred million yen in damages (not practical) and refuse to negotiate. However the insurance company will look after this.

The administrative side is a foregone conclusion and will be a loss of licence.

The criminal side is difficult because although there are contributing factors from the victim's side (an unsupervised child playing on the road), the family refuse to accept that and are demanding a jail sentence. Therefore, the question of remorse, naturally there is deep remorse, will have no effect because the family are hell-bent on revenge.

As mentioned in my message above, we have two lawyers working on this but because of its complexity, we don't know how long the prosecutor will sit on it. Two to three months sounds about right thought. The papers went in early February so that will be around early May.

Patentcom, many thanks for the very helpful information.

regards

[CLOWNPUNCHER]

For obvious reasons I can't go into detail at this point in time. Revealing too much would create problems and it is not relevant to the point of my question. Suffice to say that I am well known in the area, have permanent residency and they decided (after a lot of persuasion) that there was no risk of flight.
This is unusual but not impossible.
When everything is settled I will be posting a full account on the Internet as a guide to others. But in the meantime, I would be grateful if anyone has any first hand experience with prosecutor proceedings as this is the next step and I am wondering how long it will take before they contact me. One lawyer says a month (already past) another says two and a third says three months or up to a year.

If you stay in Japan you will be going to prison. There is no way you can avoid this.

You'll also have to pay compensation to the dead persons family.

If I was you I'd be packing my bags and getting the hell out of here.

[thickmick]

Many thanks for the well researched information.

The down side to this is that family of the victim are demanding several hundred million yen in damages (not practical) and refuse to negotiate. However the insurance company will look after this.

The administrative side is a foregone conclusion and will be a loss of licence.

The criminal side is difficult because although there are contributing factors from the victim's side (an unsupervised child playing on the road), the family refuse to accept that and are demanding a jail sentence. Therefore, the question of remorse, naturally there is deep remorse, will have no effect because the family are hell-bent on revenge.

As mentioned in my message above, we have two lawyers working on this but because of its complexity, we don't know how long the prosecutor will sit on it. Two to three months sounds about right thought. The papers went in early February so that will be around early May.

Patentcom, many thanks for the very helpful information.

regards

Did you ever look at it as though it was your child that was killed by one of their family ?
The roads here are small ,and sometimes have no kerbs ,if the kid comes flying out of a hidden entrance or from around a corner then nothing much can be done ,however if the kid is playing by the side of the road and jumps into the road ,then approaching drivers should have taken the child or any pedestrian into consideration and if the speed is not too great then accidents can be prevented .The biigest killer in any accident is speed.

My brother was run over by a bus when he was 5 the rear wheels of the bus were trapping his legs to the ground ,he had been chasing a friend and started and stopped when running across the road .The bus driver was of course distraught ,and after that incident they changed the route of the bus .My brother survived ,but with horrific injuries he still walks with a limp today ,he could claim a disability allowance but prefers not to have the stigma.

[Icarus]

No, I don't know why I never thought of that. I must be inordinantly stupid.

I have lost a child in a car accident. I know the grief too well. I asked for information not condescending lectures.

[thickmick]

No, I don't know why I never thought of that. I must be inordinantly stupid.

I have lost a child in a car accident. I know the grief too well. I asked for information not condescending lectures.

Sorry to hear about your loss ,was it caused by another driver ?
Some people do kill others in accidents and the only person they are concerned about is their sorry selves .

[HavanaClub]

Did you ever talk to the family ,his name was Tony he had 3 kids
did the police ask you for info regarding the assailants ?

I think we're talking about the same guy mate. Kind of a stocky chap, American I think. Happened not far from 金山station. Never heard anything about a family though. We talked to the cops twice and told them all that we saw and heard. They never got back to us in regards to the investigation. PM me.

[Icarus]

Yes it was. Sorry for the angry response. It has been a hard time and it brings back a lot of memories.

Sorry to hear about your loss ,was it caused by another driver ?
Some people do kill others in accidents and the only person they are concerned about is their sorry selves .

[thickmick]

Well ,hopefully I will never have the experiences that you have had , I am sure the police have explained that you also lost a child ,I just hope that they can show some kind of understanding ,it just may take time .I hope it can be over for you quickly .
best wishes.

[patentcom]

You cannot change the past. Life goes on.

I would give you examples how to show remorse in Japanese culture.

If you can find out the location of victim's grave, then I would stronglhy suggest to visit the grave with flower. Flower shops carry flower for such occasions.

If you cannot find out the location, then I would suggest to go to the place where the tragic accident happened to lay down flower in the road side.

The appropriate dates for the visit would be the every, same date in the month as the fatal accident. For example, if the accident happened in January 10, 2006, you would visit either place in every tenth day of months.

Sooner or later, you would need to go to prosecutor's office. At the time, you would tell the prosecutor that you have been visiting the grave or the road side with flower once a month to show deep remorse.

[Spaceghost]

You cannot change the past. Life goes on.

I would give you examples how to show remorse in Japanese culture.

If you can find out the location of victim's grave, then I would stronglhy suggest to visit the grave with flower. Flower shops carry flower for such occasions.

If you cannot find out the location, then I would suggest to go to the place where the tragic accident happened to lay down flower in the road side.

The appropriate dates for the visit would be the every, same date in the month as the fatal accident. For example, if the accident happened in January 10, 2006, you would visit either place in every tenth day of months.

Sooner or later, you would need to go to prosecutor's office. At the time, you would tell the prosecutor that you have been visiting the grave or the road side with flower once a month to show deep remorse.

Hmmmm... good points.

You should also take picture of you putting flower on grave and roadside. Prosecutor may not believe disengenuous foreigner.

And remember - don't smile in photo. Not that kind of photo.

And one more thing.

Old Japanese proverb - man who go to bed with itchy bottom wake up with stinky fingers.

Please remember.

[eku]

a hundred million yen... par for the course when someone dies. they calculate all future earnings of the deceased.
thats why my insurance policy has unlimited payment for cases like that.

[Icarus]

Patentcom

Thanks for that. Yes I have been doing that and the police have have made a note of it in their report. Thanks again for the advice. Much appreciated.

[richard]

Icarus:
I just read the whole thread and I do sincerely hope that all works out as best as possible for all parties. As the other poster said, you cannot change the past and life does go on so try to keep your chin up as much as possible and hang in there. It is a very stressful time and having lost a child of your own in the past I would imagine brings back unpleasant memories and sorrow.

I personally have no experience in such matters but when my kids were younger, I always worried about them being involved in a traffic accident. Fortunately I am through that part of life but then there other children in my wife's long list of relatives that we worry about. So you have my empathy for your situation, for what it's worth. Best of luck to you and please do keep us posted if you feel like doing so in the days to come. R.

[CLOWNPUNCHER]

My advice still stands unless you want to serve time in a Japanese prison and then be deported get out of here now.

[Monty Cristo]

My father-in-law was involved in a fatal car accident quite a long time ago. Nobody will offer too many particulars when I asked, but there was no jail time involved. From what I can tell, insurance covered the costs, or most of them. However, there was a LOT of apologising and plenty of deep remorse which one can say is pretty much expected when somebody dies.

Clownpuncher's advice to pack up and leave may sound like a good idea, however these things not only have a way of catching up with you, they also tend to get worse when you run away. Although Japan is notoriously bad for not turning Japanese over to legal proceedings in other countries (cough...cough..Fujimori...), your home country may not have the same stance. It might be a good idea to ring up your embassy. They can probably point you in the right direction.

[Icarus]

Richard,

Thank you for your kinds words. I will indeed post the whole story when everything is done. And there is a twist to it that will come out in the end.

OK, let's take up the question of leaving the country. Had I wanted to leave the country (and, to be honest, the thought did cross my mind), the point is that I established a relationship of trust with the police that has worked well for both sides. This is a very unusual situation. The copper stuck is neck out for me and I stuck my neck out for him. Now, if I were to violate that, would would happen to other foreignors that follow me. It would simply validate the lie that foreignors are all untrustworthy.

[Monty Cristo]

Now, if I were to violate that, would would happen to other foreignors that follow me. It would simply validate the lie that foreignors are all untrustworthy.

You, my friend, have not only earned my respect, but that of every other decent and law abiding GPer on this board.

[CLOWNPUNCHER]

Richard,

Thank you for your kinds words. I will indeed post the whole story when everything is done. And there is a twist to it that will come out in the end.

OK, let's take up the question of leaving the country. Had I wanted to leave the country (and, to be honest, the thought did cross my mind), the point is that I established a relationship of trust with the police that has worked well for both sides. This is a very unusual situation. The copper stuck is neck out for me and I stuck my neck out for him. Now, if I were to violate that, would would happen to other foreignors that follow me. It would simply validate the lie that foreignors are all untrustworthy.

Put it this way. I was in an accident ( Not my fault ) The woman claimed she was injured when she wasn't. I'd had two cans of beer before the accident. result I spent two months in jail waiting to go to court and then got a s ten month prison sentence suspended for three years.

And I didn't even kill anyone.

I've also heard many a time if you're in an accident in Japan and someone is killed you go to prision even if it's not your fault.

The cop might of stuck his neck out for you,but he doesn't hold the cards the prosecutor does.

[in.between]

btw is jaywalking illegal?

can you get in trouble for it?

[honey]

Icarus,

I commend you for taking responsibility for this and keeping your word with the police.


Clownpuncher,
Your advice to run away is not only bad, but extremely dangerous. If Icarus flees and goes back to his home country, he will be brought back to Japan and face further charges--while he has a chance of leniency for cooperation at this point, he would have no chance of getting out of prision if he were to flee.

[CLOWNPUNCHER]

Icarus,




Clownpuncher,
Your advice to run away is not only bad, but extremely dangerous. If Icarus flees and goes back to his home country, he will be brought back to Japan and face further charges--while he has a chance of leniency for cooperation at this point, he would have no chance of getting out of prision if he were to flee.

All depends on which country he runs to.

Japan only has an extradition treaty with the USA and more recently South Korea.

[Raceace]

Generally two and half to three months from indictment
to first court date. But it seems strange that your lawyers
havent been told or dont know the status of the investigation. I would press your lawyers a bit harder.

[Icarus]

Hi. Thanks for that.
The lawyers have not been involved too much so far because there has been no arrest or indictment yet. Once there is an indictment, then they come in at that point. Because the prosecutor has not called for me for an interview yet and has not handed down a decision on his course of action, there is little the lawyers can do at the moment.

[Icarus]

Just an update for those who so kindly replied to this thread and sent personal messages.
The prosecutor has not called me in yet but gave me permission to leave the country for a couple of weeks on personal business. At least I now have his name and know that things are starting to move along.


Icarus

[Icarus]

Although this series of events has not yet run its course. I have posted a diary of events following this accident for the benefit of anyone else who finds themselves in a similar situation. I hope that it is serves to help someone else.

As of today, it is up to date and I will add to it as the situation evolves.

Note (7 July) Have deleted the URL until further notice-Icarus.

Regards

Icarus

[boydie]

Having read your diary of events
I understand your helpless feeling but admire your courage at sticking to your guns.
You will get through this if you can hold it together

It could have happened so easily to any one of us.
Obviously the street has some serious saftey issues that need to be addressed so it doesnt happen again
It might help your wife by diverting the attention away from WHAT happened to WHY it happened. If someone doesnt look at the problem the street design has it will happen to another 2 innocent parties and eveyone will start pointing fingers again until someone addresses the problem.

Have you thought about drawing attention to the blind corners and the road not being signposted (Im guessing as the area is new) with KODOMO TOBIDASHI CHUUI
and obviously there is a need for city hall issued convex mirrors. Perhaps you could collect a signed petition from the neighbours who use that road and are on your side...before they move to get away from the threatening maniac father

Anthing to help your case
I wish you all the best of luck and hope that things will turn around for you. Look after each other. Good will prevail.

[Icarus]

Thanks. Because the case is still undecided I am limited as to what I can do. However, I have held long talks with the police and the local traffic safety councils (city and prefectural) urging them to introduce campaigns to educate 1) young mothers who insist on letting their children play on or near the roads unsupervised 2) hoikuen and primary school children to instill some road sense into them. There have been some results, the police now make announcements over the community broadcasting system each week reminding parents to supervise their children. There is still a lot to do so if anyone out there feels inclined to take this up in their commmunity, I am sure it will be welcomed and it will save lives.

Thanks again Boydie.

Icarus

[boydie]

I also get frustrated at parents who dont look after their children with regard to road safety
At my English school the staff and I personally selt belt each child into their seats as they leave the classroom. We run a drive through service across 4 car spaces at the front of the school. We can load or unload 3 cars at a time and there has not been one accident until last month when a stupid mother decided to back out of the drive through and bumped the car behind.
It only costs the parents the first 3 minutes of their lesson time but ensures no one dies on my shift and 4 car spaces are well used every 45 mins or so.
A lot of the parents wave their hands and insist that its OK junior doesnt like to wear a belt and I respond with that they must park nearby and walk and cannot use our drive through service if they dont stick to the rules
Which includes having their child seatsd positioned on the left rear passenger side to ensure it works like clockwork.

The parents are well used to the system and certainly appreciate the service on a rainy day