When one person causes the death of another, the state may decide to prosecute them. In scenarios involving intentional actions or negligence, people may face homicide or manslaughter charges.
There are specialized criminal charges that prosecutors can pursue in certain, unique scenarios. If one person unintentionally causes the death of another because of how they drive, the state might be able to bring a vehicular manslaughter charge against the motorist at fault for the incident.
Charges are possible in collisions, pedestrian crashes and collisions where vehicles strike bicycles, scooters or motorcycles. When is a motorist potentially at risk of a vehicular manslaughter charge?
The standard is relatively high
Vehicular manslaughter is a very serious criminal allegation. The prosecutor must be able to convince the courts that the driver displayed gross negligence to pursue this felony charge in court. Gross negligence involves displaying a complete disregard for the safety of others, usually by making an intentional decision.
Drag racing on public streets, turning the wrong way down a one-way road and other clearly unsafe and preventable conduct could lead to vehicular manslaughter charges. The penalties for manslaughter by vehicle include up to 10 years in prison and $5,000 in fines. However, if the driver has a prior conviction for vehicular manslaughter on their record, the penalties increase to up to 15 years in prison and $10,000 in fines.
There are separate penalties and charges possible in cases where chemical impairment is the underlying cause of the crash. The state can bring felony vehicular homicide charges. In scenarios where a driver was criminally negligent but not grossly negligent, the state could pursue lower misdemeanor vehicular manslaughter charges. The penalties in such cases could include up to three years in prison and $5,000 in fines.
Those accused of vehicular manslaughter and other major crimes may need help planning a reasonable defense strategy. Raising questions about whether negligence occurred and how severe it was could be part of the defense strategy, but there are other options available as well.
Reviewing what happened before a fatal crash may help drivers avoid vehicular manslaughter convictions that could carry life-altering consequences. Drivers involved in fatal collisions often need help responding to the state’s charges after a crash.