Can You Go to Jail for Accidentally Killing Someone in a Car Accident?

Being in a car accident can be traumatic enough without someone dying. The guilt you feel when someone passes away as a result of a motor vehicle accident seems like punishment enough. However, depending on the details of your car crash, you may also face civil and criminal penalties.

The scary thing about fatal car accidents is that you may have no idea you’re in trouble for days or even weeks. The police must thoroughly investigate the accident scene before deciding whether to arrest you. The fear of knowing the police may arrest you after a serious car accident can be overwhelming.

Here, we’ll discuss whether you can go to jail for accidentally killing someone in a car accident. We will describe the different state laws on vehicular homicide and vehicular manslaughter. We will also explain the penalties for these crimes.

If you currently face criminal charges after a traffic accident, contact an experienced criminal defense attorney as soon as possible. They’ll review the pending charges and help you build the strongest defense possible under the circumstances.

Common Causes of Fatal Car Accidents

Most car accidents are minor. The biggest bruise may be to the drivers’ egos. Unfortunately, there are times when an accident victim doesn’t survive the crash and dies from their injuries. This can happen in any car accident, but accidental killings are often the result of specific kinds of motor vehicle accidents.

Some of the more common causes of fatal car accidents include:

• Driving above the speed limit
• Drunk driving (DUI)
• Driving under the influence of drugs
• Reckless driving
• Distracted driving
• Texting and driving
• Hit-and-run
• Running a red light

Of course, any reckless behavior or gross negligence can result in the death of another person. Your state’s criminal laws impose criminal penalties, such as jail time, on people who were negligent at the time of the accident. It’s best to seek legal advice if the police arrest you for a serious crime after a car accident.

Vehicular Homicide vs. Vehicular Manslaughter

When someone passes away in a motor vehicle accident, authorities must decide whether to pursue criminal charges against the at-fault driver. If they believe criminal charges are warranted, they must decide which ones to file.

The two most common crimes associated with the accidental death of another person due to a car accident are vehicular homicide and vehicular manslaughter. Of course, every state has unique laws for these situations. Some even have different names for this type of charge. For example, some states classify these accidental deaths as negligent homicide or involuntary manslaughter.

Here, we’ll focus on vehicular homicide and vehicular manslaughter, since these are the two crimes most commonly associated with fatal car accidents.

Car Accidents and Vehicular Homicide Charges

Vehicular homicide is a more serious crime than vehicular manslaughter. Generally, the specific criminal charges turn on the defendant’s intent and specific behavior. Elements of the charge vary by state, but vehicular homicide charges usually apply when a defendant’s behavior is reckless or grossly negligent.

One way to think about vehicular homicide is that the at-fault driver showed a willful disregard for the safety of others. This is the case with drunk driving accidents or cases where the defendant was speeding in a school zone.

Most states treat vehicular homicide as a felony of the first or second degree. When determining the specific charge, the prosecutor will consider the following factors:

• The defendant’s prior criminal record
• The individual’s driving history
• Past convictions for DUI
• Prior traffic law violations
• Whether the at-fault driver had a valid driver’s license at the time of the accident
• The driver’s speed at the time of impact

The legal consequences for vehicular homicide are more severe than they are for vehicular manslaughter. This is because vehicular homicide is a felony, whereas some states treat vehicular manslaughter as a low-level felony or misdemeanor.

Most states impose longer prison sentences for people guilty of vehicular homicide. This is why it’s critical that you seek legal representation if you’re facing vehicular homicide charges.

Accidental Deaths and Vehicular Manslaughter Charges

As stated above, vehicular manslaughter is a lesser charge than vehicular homicide. With vehicular manslaughter, the state doesn’t need to prove the defendant was reckless or grossly negligent. Instead, they must demonstrate that they exhibited ordinary or simple negligence and causation. The exact definition varies by state.

Examples of cases that may result in vehicular manslaughter charges include:

• Failure to yield
• Passing another vehicle in a no-passing zone
• Hitting another car while going 5-10 miles over the speed limit

In vehicular manslaughter cases, the prosecutor must prove that the defendant acted negligently. To do this, they must demonstrate the following four things:

• The defendant owed the victim a duty of care
• They breached this duty
• The victim dies
• The defendant’s behavior was the proximate cause of the victim’s death

The judge (or jury) will apply the reasonable person standard when judging the defendant’s behavior. This standard asks if a reasonable person in the defendant’s situation would have behaved differently. If the answer is yes, there is a good chance the court will find the defendant guilty. If the answer is no, the jury may find that the defendant did nothing wrong and should not be punished for their actions.

The penalties for vehicular manslaughter are often much less severe than they are for vehicular homicide. A person guilty of this crime may face jail time, probation, fines, community service, and a driver’s license suspension.

While these charges may not seem serious, you should still consider hiring a criminal defense lawyer to handle your case.

Civil Consequences of Criminal Negligence or Reckless Driving

If the state finds you guilty of either vehicular homicide or vehicular manslaughter, you’ll face possible jail time, probation, and other penalties. However, even if the court finds you not guilty, you may still face civil penalties. The civil case is separate from any criminal proceedings and has a different standard of proof.

If you cause a serious car accident, the other driver may sue you for damages. Of course, they must file an insurance claim to recover their losses before they do this. However, they can sue you personally if the insurance company refuses to pay their claim or the driver’s policy doesn’t cover all of the damages.

If you’re the at-fault driver in a car crash involving a fatality, the victim’s family members may sue you for wrongful death. If they can demonstrate that their loved one died as a result of the other driver’s actions, they may recover significant damages.

The damages a plaintiff in a wrongful death claim can demand include (but are not limited to) the following:

• Medical bills
• Funeral expenses
• Loss of financial support
• Loss of companionship/Loss of consortium
• Lost prospective inheritance

The compensation you receive in a wrongful death case depends on state law. If your loved one died in a traffic accident, you should talk to an experienced car accident lawyer about your legal rights.

If you’re the victim in a car accident, you should talk to an experienced personal injury lawyer or accident attorney to discuss whether you have a valid claim for damages. If someone sues you after a car crash, you should talk to a defense lawyer immediately.

How Can a Criminal Defense Attorney Help?

We call motor vehicle accidents “accidents” because they are rarely intentional. It’s hard to imagine someone getting behind the wheel and intentionally smashing into another motorist. But this doesn’t mean you won’t face criminal charges if you cause a serious car accident.

If the state files criminal charges against you, be they for vehicular homicide or vehicular manslaughter, you should meet with a skilled criminal defense attorney right away. Things move quickly after your arrest; you’ll want legal representation from the outset.