Analysis of a Road Accident Case: Summary, Needs, and Suggestions

This report analyzes a road accident case involving Cameron Herrin, who, at 18, was racing with a friend and caused a fatal crash, killing a mother and daughter. The report summarizes the events, highlighting the reckless driving and the devastating consequences. It then focuses on the needs of the victim, David Raubenolt, and his desire for justice, including a substantial prison sentence for Herrin. The analysis emphasizes the emotional and psychological trauma suffered by the family and discusses the inadequacy of the initial sentencing. The report suggests recommendations for improving road safety, including stricter enforcement of traffic rules, public awareness campaigns, and technological advancements in vehicles. It also references relevant legal precedents, such as R v. Chung, to underscore the severity of dangerous driving and the importance of preventative measures to reduce road accidents in Canada.

Analysis of the Case
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Introduction
In this era where people are earning more, their standard of living also increased.
They buy costly vehicles to travel. Automobiles provide the convenient and quick way of
travelling regardless of the distance. It has become a necessity for travelling, transportation.
Due to increase in demand the supply has also increased resulting in more numbers of
vehicles be it cars, two-wheelers, trucks, buses on the road. Unfortunately, with the increase
in traffic on the roads, there has been an increase in fatal and dangerous accidents also.
Reckless driving, speeding, distracted driving are the most common causes of road accidents
in Canada (Klein Lawyers, 2021). In 2018, Canada has reported an increase of 3.6% that is
1922 dangerous road accidents than in 2017 (International Transport Forum, 2021). Thus, in
this essay we will discuss the summary of the given case, the needs of the victim and the best
possible suggestions to meet the needs.
Summary
According to the given case, it was May 23rd when Cameron Herrin at the age of 18
went out with his friend named John Barrineau. They drove separately, Herrin with his
brother Tristan in Ford Mustang, gifted by his mother Cheryl, while his friend Barrineau was
in gold Nissan. Then both the cars stopped besides each other and suddenly when the traffic
light was green, they sprint like a rocket next to each other, seemed to be racing. Jessica
Reisinger-Raubenolt, 24 and Lillia, 1, a mother daughter duo were crossing the road, where the
daughter was in the stroller which was then pushed by her mother on the streets of Gandy
Boulevard. Instantly, the two cars approached the street, where Barrineau deviated his car,
since Herrin was at 100mph cannot skew his car and collided with the mother-daughter duo.
Ultimately, they died instantly. After the fatal crash, Herrin called his mother stating about the
crash. During the testimony, Cheryl called off in the court where she told the judge about the

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mental sufferings of both of his sons. Father and widower, David Raubenolt, talked about his
situation that after seeing the traffic on the day of accident he just started praying for the injured
person without knowing that it was his wife and daughter who met with an accident and while
stating about his condition he emphasised on soft hearted nature of Jessica, his wife. On the day
of sentencing, Herrin was 21, the state attorney presented evidence where the Mustang was
seen speeding out at 162mph, additionally Herrin was found guilty before two vehicular
homicide courts before this sentencing on Thursday. Barrineau, Herrin’s friend was sentenced
for six year prison for the act (Tampa Bay, 2021).
Needs of the victim
Since, David Raubenolt, widower and father of the little baby girl, suffered immense
sufferings after the death of his family in the road accident. It was needed by the victim’s
family that the rash driver, son of a rich family, Cameron Herrin to be sentenced for not less
than 30 years in prison. After observing the case, Jessica Raubenolt, the victim, was such a soft
hearted personality who cannot see people suffer and always pray for strangers if she sees them
suffer, need appropriate justice. When a person losses someone from his/her family, due to any
accident or any other miss happening, it is the toughest situation for the remaining members of
the family to survive without their dear ones. In the given case it was both wife and the baby
who lost their lives in the crash, leaving behind the husband alone. Since, Herrin was pleaded
guilty before this accident also, the 30 years duration of punishment seems very small in front
of the intensity of sufferings that victim’s family will have to suffer throughout life. When a
family member dies, the life of members of the family left behind get ruined up.
The punishment given to the culprit should be very intense so that he/she understands
the pain of victim’s family. No more harm can be thought of in such a case so more intense

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punishment should be awarded. Moreover, Cameron Herrin was also liable to be penalised for
a minimum of $2000 to $50,000 fine as stated in Highway Traffic Act (Highway Traffic,
1970). In some cases of road accidents the leftover family members claim for accident benefits
due to emotional and psychological trauma faced by them. Those claims may be in the form of
income substitution or can be a counselling session or automatic suspension of driver’s licence
under Highway traffic Act. But in the above case, the victim’s family only needs the maximum
of 30 years of sentencing, which can be granted to the culprit so that he could understand the
misery faced by the victim’s family a bit.
Suggestions
In order to avoid the road accidents some reforms in the road safety rule and
regulations as well as awareness among people must be done. As seen in the case of R v.
Chung, the accused was familiar with the surroundings and then also sped the vehicle and
resulted in death of the driver of the other vehicle (Supreme Court of Canada, 2020). The
Supreme Court of Canada held that the explanation of hurry that was done by the accused
was not needed and the case will categorize under dangerous driving. Dangerous driving is a
mix of two offences (Hayashi, Foreman, Wirth, & Friedel, 2018). If a person is guilty for less
serious conduct then imprisonment of up to 2 years is awarded, if convicted for more serious
crime then imprisoned for not less the 10 years. And court has an option to cancel the licence
of the accused (Legal Line, 2021). Thus, the case summarized above can be regarded as case
of dangerous driving, stated by Criminal Code of Canada in R v. Chung, where the victim
was dead and the request made by victim’s family of 30 years of imprisonment was genuine
as amount of penalty is directly proportional to the injury caused.
The most common reason for the cause of road accidents are people do not follow the
traffic rules and perform dangerous driving as the same was observed in the above case

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(Valent Legal, 2021). Analysing the present scenario certain recommendation can be
provided to meet the need of the victim- like the federal and other territorial governments
with the help of Canadian Global Road Safety Committee must provide awareness and
responsibility in common people regarding the road safety standards (Canadian Public Health
Association, 2021). Research and development must be done to increase the safety measures
on the roads. Government should be more vigilant in enforcing the legislation based on the
road safety. There must be development in framework of roads and vehicles relating to more
safety features in the vehicles. More innovations in the technical aspects are needed to make
the vehicle safer. Traffic Police have a great responsibility to regulate the traffic system and
the road safety rules properly (Transport Canada, 2020). These strategies can help in reducing
the road accidents on Canadian streets.

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References
Canadian Public Health Association. (2021). Reducing deaths and injuries on our roads.
Retrieved from Canadian Public Health Association: https://www.cpha.ca/reducing-
deaths-and-injuries-our-roads
Hayashi, Y., Foreman, A. M., Wirth, O., & Friedel, J. E. (2018). Executive function and
dangerous driving behaviors in young drivers. Transportation Research Part F:
Traffic Psychology and Behaviour, 52, 51-61.
Highway Traffic. (1970). The Highway Traffic Act. Retrieved from Highway Traffic:
https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?
article=2522&context=rso
International Transport Forum. (2021). International Transport Forum. Retrieved from
International Transport Forum: https://www.itf-oecd.org/sites/default/files/canada-
road-safety.pdf
Klein Lawyers. (2021). Common Causes of Car Accidents. Retrieved from Klein Lawyers:
https://www.callkleinlawyers.com/car-accident-lawyers/types/
Legal Line. (2021). Careless driving, dangerous driving and criminal negligence. Retrieved
from Legal Line: https://www.legalline.ca/legal-answers/careless-driving-dangerous-
driving-and-criminal-negligence/
Supreme Court of Canada. (2020). Supreme Court Judgments- R v. Chung. Retrieved from
Supreme Court of Canada:
https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/18237/index.do
Tampa Bay. (2021). Driver gets 24 years prison for Bayshore crash that killed mother,
daughter. Retrieved from Tampa Bay times:
https://www.tampabay.com/news/tampa/2021/04/08/mom-ive-killed-someone-
witnesses-recall-bayshore-crash-as-young-driver-faces-sentence/
Transport Canada. (2020). Road Transportation. Retrieved from Transport Canada:
https://tc.canada.ca/en/corporate-services/policies/road-transportation
Valent Legal. (2021). Reckless Drivers Cause Serious and Catastrophic Injuries. Retrieved
from Valent Legal: https://valentlegal.ca/car-accident-lawyer/reckless-driving/