Appendices APPENDIX I Annual U.S. Street & Highway Fatalities from 1957

Year	Fatalities	Vehicle Miles	Rate/100M Vehicle Miles
1957	38,702	646,915	5.98
1958	36,981	664,915	5.56
1959	37,910	700,478	5.41
1960	38,137	718,845	5.31
1961	38,091	737,535	5.16
1962	40,804	766,852	5.32
1963	43,564	805,423	5.41
1964	47,700	846,500	5.63
1965	49,163	887,640	5.54
1966	51,524	927,915	5.55
1967	51,559	965,132	5.34
1968	53,831	1,019,726	5.28
1969	55,032	1,066,108	5.16
1970	53,672	1,114,098	4.82
1971	53,761	1,183,524	4.54
1972	55,704	1,264,614	4.40
1973	55,113	1,316,207	4.19
1974	46,078	1,282,790	3.59
1975	45,500	1,330,074	3.42
1976	45,523	1,402,380	3.25
1977	47,878	1,467,027	3.26
1978	50,331	1,544,704	3.26
1979	51,103	1,529,133	3.34
1980	51,091	1,527,295	3.35
1981	49,301	1,552,803	3.17
1982	43,945	1,595,010	2.76
1983	42,589	1,652,788	2.58
1984	44,257	1,720,269	2.57
1986	46,056	1,835,000	2.51
1987	46,385	1,921,000	2.41
1988	47,093	2,026,000	2.32
1989	45,555	2,107,040	2.16
1990	44,529	2,147,501	2.07
1991	41,162	2,172,214	1.89
1992	39,235	2,239,828	1.75
1993	40,115	2,296,585	1.75
1994	40,676	2,359,984	1.72
1995	41,798	2,422,696	1.73
1996	41,907	2,485,848	1.69
1997	41,967	2,560,373	1.64
1998	41, 471	2,618,701	1.60
1999	41,611	2,692,335	1.50
2000	41,821	2,749,803	1.50
2001	42,116	2,781,462	1.51
2002*	42,815	2,829,645	1.51

Data from Federal Highway Administration http://www.publicpurpose.com/hwy-fatal57+.htm

* Preliminary data www-nrd.nhtsa.dot.gov/departments/nrd-30/ncsa/AvailInf.html.

It cannot be denied that death rates per passenger mile traveled have declined over the past half century. It would be unfair to deny that governmental policies should be credited for at least part of this decrease. Limited-access highways and seat-belt legislation must be mentioned in this context. However, the evidence marshaled in this book suggests that had private, profit-making entrepreneurs been in charge of managing the nation’s roads instead of government bureaucrats, the fall would have been even more precipitous in terms of these rates. And in the place of a rather steady 40,000 road fatalities, many fewer would have perished.

APPENDIX II

§31. Manslaughter¹

A. Manslaughter is:

(1) A homicide which would be murder under either Article 30 (first degree murder) or Article 30.1 (second degree murder), but the offense is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection. Provocation shall not reduce a homicide to manslaughter if the jury finds that the offender’s blood had actually cooled, or that an average person’s blood would have cooled, at the time the offense was committed; or

(2) A homicide committed, without any intent to cause death or great bodily harm.

(a) When the offender is engaged in the perpetration or attempted perpetration of any felony not enumerated in Article 30 or 30.1, or of any intentional misdemeanor directly affecting the person; or

(b) When the offender is resisting lawful arrest by means, or in a manner, not inherently dangerous, and the circumstances are such that the killing would not be murder under Article 30 or 30.1.

B. Whoever commits manslaughter shall be imprisoned at hard labor for not more than forty years. However, if the victim was killed as a result of receiving a battery and was under the age of ten years, the offender shall be imprisoned at hard labor, without benefit of probation or suspension of sentence, for not less than ten years nor more than forty years.

Amended by Acts 1973, No. 127, §1; Acts 1991, No. 864, §1; Acts 1992, No. 306, §1; Acts 1994, 3rd Ex. Sess., No. 115, §1.

§32. Negligent homicide²

A. Negligent homicide is the killing of a human being by criminal negligence.

B. The violation of a statute or ordinance shall be considered only as presumptive evidence of such negligence.

C. Whoever commits the crime of negligent homicide shall be imprisoned with or without hard labor for not more than five years, fined not more than five thousand dollars, or both. However, if the victim was killed as a result of receiving a battery and was under the age of ten years, the offender shall be imprisoned at hard labor, without benefit of probation or suspension of sentence, for not less than two nor more than five years.

Amended by Acts 1980, No. 708, §1; Acts 1991, No. 864, §1.

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¹www.legis.state.la.us/lss/lss.asp?doc=78399.

²www.legis.state.la.us/lss/lss.asp?doc=78409