Vehicular Homicide – Here’s Everything You Need To Know About

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Criminal proceedings are not always brought against those responsible for fatal car accidents. However, if the driver of one of the vehicles was careless, drunk or otherwise impaired, they will probably be prosecuted with vehicular homicide or manslaughter. Depending on the specifics, vehicle homicide or manslaughter can be classified as either a misdemeanor or a felony crime. This article examines vehicular homicide and all the information related to it.

What Is Vehicular Homicide:

Legislation about vehicular homicide is a relatively recent category of criminal laws that developed due to state concerns over a high number of vehicle fatalities. Charges for vehicular manslaughter can also be brought for the deaths of a pedestrian, bystander, or another driver in addition to passengers. However, every state defines vehicular homicide depending on the state statutes. 

  • Negligent Driving: Ordinary negligence is enough to qualify as vehicular murder in certain states. This indicates that the driver did not drive the car with the same degree of caution that a reasonable person would have taken in an identical situation. 
  • Gross Negligent Driving: Depending on the state, vehicular murder may be defined as the death of another person while driving dangerously. Drivers frequently engage in gross negligence by failing to recognize the risk involved in a particular action. In these cases, the risk is so significant that the driver should have been aware of the risk posed by the unsafe driving but wasn’t. It might entail speeding, falling asleep behind the wheel, or driving the wrong way into oncoming traffic. 
  • Reckless Driving: According to most definitions, acting “recklessly” is knowingly ignoring a “significant and unjustifiable danger.” In other words, the driver knew that their actions presented a major risk yet still went ahead and took them. Running a red light, failing to stop at a stop sign, or failing to follow traffic laws may all be considered vehicular homicide under several state statutes.

Common Causes Of Vehicular Homicide:

Vehicular homicide is considered a separate category of homicide that exclusively applies to drivers who cause someone else’s death while operating a car. Depending on the statutes of your state, vehicular homicide may be determined when:

Driving Under Influence:

A large number of vehicular homicide cases involve drunk driving. In many jurisdictions, a driver who commits a homicide while operating a vehicle while intoxicated is guilty of vehicular homicide. Some states may demand evidence of negligent driving in addition to the driver’s intoxication. In certain states, establishing that an intoxicated driver caused a fatality is enough to win the case.

Traffic Violations:

In certain jurisdictions, vehicular homicide may be determined for specific traffic violations. The qualifying traffic violation in these states are offenses such as DUI, hit-and-run, reckless driving, or eluding law enforcement. However, in some states, even relatively minor traffic offenses like speeding, texting while driving, or improper passing or turning can result in a vehicular murder penalty.

Penalty And Sentence:

Criminal conviction for vehicular homicide may be charged as a felony or a misdemeanor, depending on the nature of the offense and the provisions of your state’s statute. A misdemeanor vehicle homicide may result in up to 15 years in prison and $10,000 in fines. In felony vehicular homicide caused due to gross negligence, penalties may result in up to 30 years in prison and even higher fines. Additionally, your sentence can be increased if you have a history of accidents or violations.

Final Words:

You should speak with a lawyer if you are involved in a car accident. They can help you find potential witnesses and determine what caused the collision and liability. A lawyer can also explain the legal requirements in your state to help you determine whether you or another party might be charged with vehicular homicide.

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