{"id":374996,"date":"2016-03-31T21:36:01","date_gmt":"2016-04-01T02:36:01","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-jersey-law\/new-jersey-death-by-auto-law.html"},"modified":"2016-06-20T19:49:18","modified_gmt":"2016-06-21T00:49:18","slug":"new-jersey-death-by-auto-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-jersey-law\/new-jersey-death-by-auto-law.html","title":{"rendered":"New Jersey Death by Auto Law"},"content":{"rendered":"\n
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New Jersey Death by Auto Law<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Death by auto occurs when a person drives a car recklessly and causes the death of another person. Driving a car while intoxicated is an example of this type of homicide (see New Jersey DWI Laws<\/a> for details). The driver acted recklessly, or with a conscious disregard of a substantial and unjustifiable risk that death would result from his driving conduct.<\/p>\n

Death by auto is a second degree crime punishable by up to 10 years in state prison and a fine up to $200,000. The driver will also be required to serve 85% of his sentence before he is eligible for parole.<\/p>\n

Even if a person is charged with manslaughter in criminal court and is acquitted, the deceased\u2019s family may file a wrongful death claim<\/a> in civil court.<\/p>\n

The following table highlights the main provisions of New Jersey’s death by auto laws. See also DUI Penalties<\/a>, Boating Under the Influence<\/a>, Involuntary Manslaughter Definitions<\/a>, Involuntary Manslaughter Penalties and Sentences<\/a>, and Voluntary Manslaughter<\/a> .<\/p>\n\n
Code Sections<\/b><\/td>\nN.J. Criminal Code 2C:11-5<\/td>\n<\/tr>
A.K.A.<\/b><\/td>\n

Vehicular Homicide<\/p>\n<\/td>\n<\/tr>

What is Prohibited?<\/b><\/td>\n
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  • Driving an automobile or vessel recklessly and<\/li>\n
  • Causing the death of another person.<\/li>\n<\/ul>\n<\/td>\n<\/tr>
What is Considered "Reckless Conduct?"<\/b><\/td>\n

A person acts recklessly when they consciously disregard a substantial risk and their actions are a gross deviation from a reasonable person acting with ordinary car such as being sleep deprived or being impaired by alcohol or drugs.<\/p>\n<\/td>\n<\/tr>

Civil Case<\/b><\/td>\nPossible Wrongful Death lawsuit and restitution to the victim’s family.<\/td>\n<\/tr>
Penalty<\/b><\/td>\n