this post was submitted on 18 Jun 2023
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What's the law's stance on the trolley problem? (self.asklemmy)
submitted 1 year ago by TheBananaKing to c/[email protected]
42 comments fedilink hide all child comments
 

Would pulling the switch be a felony? Would not pulling the switch be one? Would a preservation-of-life defense hold any water?

Are there any notable cases about this?

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[โ€“] [email protected] 5 points 1 year ago* (last edited 1 year ago) (1 children)

Most EU countries would not condemn you for doing either. That said, you are definitely on the hook for helping others if there is no risk to yourself or a third party in most civil law countries.

It's a serious crime in most of Europe for example to drive past a car accident scene without verifying that help is on site.

This wiki page summarizes it well.

I just checked and it's more of a crime in the Eastern EU, as most Western countries have fines or a few months of prison at most for this, while most Eastern Member States put you in prison for 2-3 years for it.

[โ€“] JusticeForPorygon 4 points 1 year ago (2 children)

Okay, as someone who wants to live in Europe at some point in the future, I feel like I should get this straight.

If I drive by a car accident and there is clearly help on the scene, such as an ambulance, do I need to take any action?

If I drive by a car accident and there are a bunch of people already stopped, do I need to just ask one of them if help has been called?

If I drive by a car accident and no one is there, do I just need to call for help?

I know some first aid so I might stop regardless if there isn't an ambulance there.

[โ€“] solstice 2 points 1 year ago* (last edited 1 year ago)

I am not a lawyer of any kind. The wiki does say:

"Many civil law systems, which are common in Continental Europe, Latin America and much of Africa, impose a far more extensive duty to rescue.[3] The duty is usually limited to doing what is "reasonable". In particular, a helper does not have to substantially endanger themselves.[23]

This can mean that anyone who finds someone in need of medical help must take all reasonable steps to seek medical care and render best-effort first aid. Commonly, the situation arises on an event of a traffic accident: other drivers and passers-by must take an action to help the injured without regard to possible personal reasons not to help (e.g. having no time, being in a hurry) or ascertain that help has been requested from officials."

To apply this to your question, my interpretation is that if you come across a car accident and nobody is there, and you have some first aid training, you should first call emergency services, and then render as much aid as you reasonably can without endangering yourself. If the car is teetering on a cliff about to fall over, I sure as heck wouldn't jump in. If the driver was ejected from the car and they are bleeding to death right in front of you then you should probably do your best to stop the bleeding if you can I guess. If the driver looks like they sustained heavy injuries and the car isn't about to explode or fall of a cliff, then I would just hang out until an ambulance gets there because I wouldn't want to break their neck moving them. Idk though, not a lawyer or a doctor so who knows.

[โ€“] [email protected] 1 points 1 year ago* (last edited 1 year ago)

Basically if you see a car accident, and there is either an ambulance there or there are already people stopped, you are supposed to drive along and not impede anyone or join a leering crowd. If they need your help, they will wave you down.

If you see for example an upturned or crashed car that no one is around, you are supposed to:

  • Stop safely. If you can't, stop where you can and call emergency services.
  • Use the emergency triangle in your car to indicate a possible road hazard at least 50 meters in advance.
  • Determine if there are any personal injuries, even suspected (if someone fell from a motorbike or was hit by a car, maybe got a concussion, don't let them continue driving), with proper triage. First concern is life-threatening injuries, then lighter injuries, disregard people who are obviously dead or not going to survive. "Not going to survive" means missing major parts of body, "not breathing" is obviously life-threatening, but that's why you know CPR.
  • While doing the first three, call emergency services as soon as it's feasible, start the call with your position, then describe the event, in particular the number and kind of injuries, then tell them your name for reference.
  • Start first aid as you can, and follow the instructions of the emergency services.

At least that's what the driving license exam has you train for.