A $250 fine for killing a person
The reality of traffic laws in Virginia
On a Tuesday afternoon, October 25th, 2022 my husband, Andrew Dearing was on his way home from work. He was driving a motorcycle. We got it about two months earlier because we couldn’t afford a reliable car. We were convinced that a newer motorcycle in good condition was safer than an old car that would require a lot of maintenance. At that time, we were 26 and 27, and we dreamt of owning a home with a fenced-in backyard for our dogs. So money was pretty tight.
We had a stupid fight that morning, about things that didn’t matter. Throughout the day, though, we were fine. I was making spicy Mac and Cheese, cleaned up the whole apartment, just walked the dogs, and waited. I called him about an hour earlier and he said he was about to come home. But there I was, sitting and waiting, and he wasn’t showing up. I was annoyed. Once again, his job got in the way of my plans. I texted him:
“Just as a reminder, they don’t pay you for staying overtime, while your family is waiting for you at home”.
No response.
I picked up a package I got in the mail and tried on a top that was in it. I took a selfie, I posted it on Instagram. Suddenly Andrew’s mom called. I picked up mid-laugh. She wasn’t laughing. She calmly told me that Andrew was in a car crash and I had to get to the hospital right away.
I wish I could say that the next few hours were the worst few hours of my life, but that’s not true. Maybe it doesn’t make sense, but losing him in that moment was nothing compared to living every day knowing he's not coming back. To this day, I'm still wondering how I'll react when he does...
According to the Fairfax County Police Department News:
“Detectives determined Mazher Rajput, 79, of Fairfax was driving in the northbound turn lane on West Ox Road waiting to turn left onto Ox Hill Road. Rajput did not yield to the operator of a 2018 Yamaha MT07 motorcycle traveling southbound on West Ox Road resulting in the crash".
In simpler words, Andrew was driving straight, the guy was taking a left turn. He “didn’t notice” Andrew and drove straight into him. That didn’t stop all the news outlets from writing articles the next day about a motorcyclist driving into a Jeep. That’s not what happened- but the internet doesn’t care. Those articles show up every time you google Andrew's name.
Andrew was a safe and experienced driver. He wasn't one of those crazy speeding motorcyclists you see passing by and cringe for how loud they are. He graduated from driving school as the best one out of his class. He got a stupid hat as a reward. He kept on telling me how careful he had to be because he knew, he had a family waiting at home.
Mazher Rajput has been accused of “failing to yield”. Not a murder, not an involuntary manslaughter. Just “failing to yield”. He only didn’t stop when he had to, right? Someone died… someone (me) lost the love of their life. People lost a son, a brother, and a friend… because this man simply “failed to yield”.
At this moment, according to our attorney, Mazher Rajput faces a fine of $250. However, he claims not to be guilty. He admits he made the turn and drove into Andrew, but at the same time, he refuses to admit he’s guilty of that one charge… FAILED TO YIELD.
He’s not being charged with anything else, nor is he facing jail time. He gets to keep his driving license... He killed a 27-year-old, at the age of 79, because he didn’t notice a huge motorcycle right in front of him. But according to the state of Virginia, he’s capable of driving. Quoting the prosecutor, Jennifer Sands, “he didn't even realize WHAT he hit”. That’s what she said. Not WHO, not Andrew… what. Still, according to Mazher Rajput himself, he is not guilty.
It wasn’t Mr. Rajput’s first traffic offense, though. In 2004 he “failed to obey a traffic signal”. In 2014 he again “failed to obey a highway sign”. In 2016 Mazher Rajput “failed to stop/ yield entering highway”. In 2017 he was charged with speeding.
There are no maximum age restrictions for driving in Virginia. You can be 79, kill a person because you “didn’t notice” them, have multiple traffic violations, and still keep your driving license.
What does it mean to us, Andrew’s family? Endless agony of going to court and talking about one of the worst days of our lives. Facing the man who took everything away from us and doesn’t even have the decency to admit to his guilt or say sorry. Our lawyer keeps on reminding us “It’s in his best interest not to admit guilty”, but damn it… he gets to pay a $250 fine and go on with his life, while I don’t get to see the love of my life ever again. Are we really asking for that much?
If that wasn’t enough, Mazher Rajput is insured with State Farm, which in our lawyer’s opinion is the worst insurance company to deal with. For the first 5 months after the accident they were simply ghosting us. Then they hired an “external investigator” to confirm who was at fault. It doesn't matter that the police report clearly states Mazher Rajput was the one to blame. State Farm will do anything in its power not to pay us the insurance money, which means they’d love to prove it was Andrew’s fault. Who cares how that makes us feel?
The money… honestly? Fuck the money. I mean, it would be nice to be able to pay my bills, pay off the mortgage, or even be depressed and have panic attacks in Bali instead of Virginia. But in the end, I lost the only person I truly loved. Andrew lost literally everything. We lost our future, our hopes, and our dreams. We lost the kids we will never have.
And that man can’t even say he’s sorry.
My biggest issue is not with him though. He’s just one of many people who seem not to have any moral compass. I’m used to people being horrible to each other. However, where is the law in all of this?
Do we really live in a world where killing a person costs $250? Yes, it was probably an accident. But this man has had many traffic violations before. He claims not to notice Andrew when there was no obstruction of view. Does that sound like a person who is capable of driving?
And what about his age? Are we really okay with putting our lives in the hands of 80-year-old drivers? Why there are no maximum age restrictions for driving? Mazher Rajput did not only drive straight into a motorcycle with my husband on it but also proceeded to drive into another car because he didn’t even manage to press his brakes. I’m pretty sure my reaction time would be better after a bottle of wine… or two.
Just within the last couple of months I've seen multiple car accidents nearby my house, caused by the elderly. Mostly them driving into trees, bushes, and banisters.
According to the drivinguniveristy.com:“Failure to yield the right-of-way is the number one cause of crashes for older drivers.”
This 79-year-old man made a mistake that not only killed my husband but also ruined the lives of many people who loved Andrew.
However, the real mistake is our country not setting maximum age restrictions for drivers. The worst mistake is the state of Virginia allowing a person who killed another human being, to keep their license. To me it’s quite simple, if you killed a person while driving, you should not be able to do so anymore.
“The NHTSA reports that motor vehicle fatalities involving elderly drivers increased 32 percent from 2010 to 2019. Age-related research has shown that senior drivers face an increased risk of being involved in a multi-vehicle crash, particularly at intersections.”
Let me ask you… are YOU okay with Mazher Rajput driving around Virginia knowing his driving record? Do YOU feel safe on the roads knowing people like him get to keep their driving licenses? Would you be okay if Mazher Rajput simply "didn't notice" your husband or child?
If the answer is no, why aren’t we speaking up to make a change? Why are we putting our lives at risk?
If some elderly are too stubborn to admit they can’t drive anymore, there should be laws preventing them from it. We need to hold the elderly accountable for their "mistakes", ideally stop them from happening, and protect those who actually do have a future ahead of them.
Please share this article to raise awareness of the dangers of the elderly behind the wheel and the state laws that allow drivers who killed people to continue driving.
About the Creator
Martyna Dearing
Martyna Dearing joined vocal in the midst of COVID in April 2020. Since then she got a few Top Stories, became a widow and a poet, and self-published two poetry books titled "Loved, Death, and In Between" and “no title yet”.
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