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Brandy Crash -- Dead Woman at Fault?

Posted Dec 26th 2007 1:49PM by TMZ Staff

TMZ has learned the hang-up in deciding whether to file vehicular manslaughter charges against Brandy is that Brandy may have been a victim, not a culprit.

A CHP source tells TMZ the woman who died in the car accident involving Brandy actually struck the vehicle in front of her before Brandy made any contact. The law enforcement source says Awatef Aboudihaj, the woman who died, struck the car in front of her -- which was going 65 mph, and then slammed on her brakes. We're told the sudden stop caused Brandy to hit the dead woman's car.

What's more, L.A. County Coroner spokesperson Captain Ed Winter tells TMZ that toxicology reports show Aboudihaj had "slight traces" of marijuana in her system at the time of the crash.

The L.A. City Attorney has until the end of the business day on Friday to decide whether to file criminal charges against Brandy -- that's when the one-year statute of limitations runs out. Sources tell TMZ there is significant division in the City Attorney's office, and a decision still has not been made. The problem for the City Attorney: if they file manslaughter charges, they have to prove Brandy did something negligent -- and we're told that could be difficult if not impossible.

Stay tuned...

Tags: Brandy, Brandy car accident, Brandy car crash, Brandy sued, BrandyCarAccident, BrandyCarCrash, BrandySued

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76. The PROXIMATE cause of the accident is the other driver's failure to follow at a safe distance therefore striking the rear of a vehicle and starting the chain of events that ended up causing her to then be rearended and knocked across the center lanes into oncoming traffic. Most likely the deceased, in an attempt to avoid rearending the vehicle she was following, swerved as she was braking. This put her steering wheel in a partial turn at the time she, herself, was rearended and allowed her vehicle to basically "turn" into oncoming traffic and she being killed. They teach drivers not to turned their wheels while waiting stopped in a turning or travel lane just in case one gets rearended and pushed "forward", which if the wheels are turned means you will turn into oncoming traffic. Remember the chain of events that led to the woman's death were started by HER, not the woman (Brandy) that ended up being in the wrong place and the wrong time. The authorities are not saying that Brandy isn't responsible for failure to keep a proper lookout, follow a safe distance, et al but she is not guilty or responsible for the death of the deceased as the deceased started the whole chain of events going.

Posted at 7:49PM on Dec 30th 2007 by CRT

77. Blue- go straight to hell!

Posted at 1:44PM on Dec 26th 2007 by Petite

78. I see the TROLLS are out of school today.

Personal insults are ALWAYS DONE BY TROLLS. Usually small children who find mocking to be funny.

GO TO HELL, TROLLS

Posted at 1:46PM on Dec 26th 2007 by Petite

79. Another case of OJ justice. Put her away !!!

Posted at 10:43PM on Dec 26th 2007 by Dave J Charles

80. "pullleeezzz.....marijuana has never killed anyone & a trace amount is nothing. I had to laugh at that report. who cares about marijuana."

Here&bored, that was spoken like a true pot head. I can assure you that had I been blamed for killing someone who was stoned and had already crashed their vehicle, this would be one of the first things brought to the attention of the judge. Marijuana may not kill you, but driving while you're stoned causes you to have poor reaction time. So, don't drive stoned!

I agree that Brandy may have partial responsibility for the accident, but she shouldn't be charged with this woman's death.

Posted at 1:51PM on Dec 26th 2007 by Ramma Jamma Alabama

81. Only children use the word douche.

Go play with your new toys and leave the adults alone now.

Posted at 1:48PM on Dec 26th 2007 by Petite

82. Oh, leave Petunia alone already!

Posted at 1:51PM on Dec 26th 2007 by Innocent By-Stander

83. The racist comments are sad..color has nothing to do with this incident..crawl back under your rock vermit!

Posted at 2:01PM on Dec 26th 2007 by vette

84. Noone really wins. A family has lost a family member and Brandy has to live knowing she was involved in a fatal car accident,. You can take away Brandy's money, the smile that was always on her face and evern her spriit. It will never bring a life back. It was a tragic accident and who would not want a young woman with a child not to live and try to make the most of their life.
Life is not fair nor is how one dies. Brandy did not wake up and say "I think I want to kill someone today, or cause someone harm". This could have happened to anyone of us or one of our loved ones. Beit the cause of the accident or the deseased woman, I say forgive, noone ever forgets.

Posted at 1:57PM on Dec 26th 2007 by Anna

85. The previous reports on television did not say Brandy rear-ended the dead woman's vehicle. They reported that Brandy broad-sided the dead woman's vehicle. Furthermore, the CHP officer on I 405 attempted to keep Brandy's identity for the first month.

Posted at 1:57PM on Dec 26th 2007 by Emer\\\\\\\\\\\\\\\'gen-C

86. So, the dead lady rear-ended someone, with trace amounts of pot in her system, causing a sudden stop into which Brandy rear-ended her, with NO drugs or alcohol in her system............Sounds like they have done a very thorough investigation. LET HER OFF, so that poor girl can move on with her life, and put this behind, AND clear her name.

Posted at 2:11PM on Dec 26th 2007 by Sista

87. Petunia, Petunia, Petunia.........a flower by any other name could not be as sweet.......I like purple petunias. What color are you, Petunia, my trumpet-shaped flower?

Posted at 2:12PM on Dec 26th 2007 by Flower Child

88. Celebrities get off time and time again, and I have been disheartened to see how they have been so privileged and have called for them to be treated like regular folks. In this case, however, I have sided with Brandy. Brandy had no drugs or alcohol in her system. None. Even the best of drivers have accidents, and in this case this was caused by the dead woman hitting someone else first. As others have pointed out, imagine being on the highway and driving highway speeds, and someone in front of you comes to a sudden stop. Even if you are at a so-called "safe distance" away from the other car, it is entirely possible to rear end them still. People, this was an unfortunate accident. As much as I love to toast celebrities, I can't let my disdain for them get in the way of common sense. I know the deceased woman's family is hurting, and Brandy is hurting as well. It would not be beneficial to either side for someone to be falsely locked up for an accident.

Also, race doesn't have a thing to do with this. Would race even come up if, say, this was Jessica Simpson as opposed to Brandy? Hardly.

Posted at 11:37PM on Dec 27th 2007 by Earth Logic

89. If Brandi isn't charged Nick Hogan shouldn't be either.

Posted at 2:23PM on Dec 26th 2007 by okeydokeythen

90. I agree that this is a tragedy all around. No winners will emerge from this one. We need to learn from tragedies like this - to drive with caution. If the celebrity "Brandy" was not involved, this would not be on TMZ.

Presently there are hazardous road conditions nationwide because of the snow storms. Please avoid driving until the weather improves. No errand is worth risking your life for. In fact, people, you should keep some back-up food supplies to keep you from having to drive to the market. Plan your longer trips for during the rest of the year when there is no snow.

December 25th is not Jesus Christ's birthday. This fake holiday kills far too many people.

Posted at 2:27PM on Dec 26th 2007 by Emer'gen-Ce

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