Traffic accidents produce dozens of fatalities every day. But not every accident-related death results in criminal charges against the driver. When someone causes the death of another person through negligent or reckless driving, however, that person might be charged with vehicular manslaughter (also called “vehicular homicide” and a number of other names).
Let’s look more closely at the elements of vehicular manslaughter and some potential defenses.
Some States Don't Have Vehicular Manslaughter Laws
The vast majority of states have vehicular manslaughter laws—manslaughter and homicide laws that specifically apply only to driving-related killings.
However, a small minority of states don't have homicide laws that are specific to driving-related deaths. In these states, driving-related killings are prosecuted under the more general homicide and manslaughter laws that apply to all unlawful killings.
For example, in Alabama and Arizona, there are no vehicular homicide laws. So prosecutors in those states charged driving-related killings under the general manslaughter and homicide laws.
Vehicular Manslaughter and Vehicular Homicide Laws
Although most states have some type of vehicular homicide or vehicular manslaughter laws, there's quite a bit of variation in how the offenses are defined. Below we cover some of the more common variations.
When Negligent or Reckless Driving Leads to a Death
In many states, including Florida, Minnesota, and Washington, you can be convicted of vehicular homicide for:
- driving a vehicle in a grossly negligent or reckless manner, and
- causing the death of another person.
To prove gross negligence or recklessness, the prosecution typically needs to prove the driver understood but disregarded that his or her driving posed a substantial risk to others. Proving “simple negligence”—which is often defined as ordinary carelessness—isn’t enough.
DUI-Related Vehicular Homicide and Manslaughter
Lots of states also have a form of vehicular homicide that applies when an impaired driver causes the death of another. Generally, a DUI-related homicide conviction only requires proof that the driver was:
- driving while under the influence of drugs or alcohol, and
- caused the death of another person.
But in some states, like Maryland, prosecutors must additionally show that the motorist was driving negligently.
Being “under the influence” typically means having a blood alcohol concentration (BAC) of .08% or greater or being impaired by drugs or alcohol. Just how impaired a driver must be "under the influence" depends on the laws of the state. In some states, substantial impairment is the rule, while in other states, any impairment at all is enough.
Deaths Resulting from Traffic Violations
Some states define vehicular homicide as causing the death of another person while committing a traffic violation. For instance, in Georgia, a driver can be convicted of first-degree “homicide-by-vehicle” for causing the death of another while:
- illegally passing a school bus
- committing a reckless driving offense
- driving under the influence, or
- fleeing from or eluding an officer.
And if a Georgia motorist kills another person while committing any other traffic offense, the crime is second-degree homicide by vehicle.
Murder Charges for Driving-Related Killings
In general, the difference between murder and manslaughter is that murder requires an intent to kill (or to inflict great bodily injury), but manslaughter does not. So, if a driver intentionally runs someone over, murder charges are certainly a possibility.
In some states, a driver can be charged with murder even without intent to kill. For example, under California law, a driver can be convicted of second-degree murder if the prosecution proves he or she committed an intentional act—the natural and probable consequences of which were dangerous to human life—and did so with conscious disregard for the risk it posed to others.
Defenses to a Vehicular Manslaughter or Vehicular Homicide Charge
For a vehicular manslaughter or vehicular homicide conviction, the prosecution generally must demonstrate that the defendant’s reckless or negligent act caused the victim’s death. So, defenses often focus on disputing causation.
For example, a defendant might be able to successfully argue that factors such as bad weather, other drivers, or even the victim’s own driving were the cause of the accident. In addition, if the case is based on a positive drug or alcohol test, the defendant might be able to challenge the accuracy of the laboratory report.
Talk to a Criminal Defense Attorney
Vehicular homicide is a serious charge that carries severe penalties. If you've been arrested for a driving-related killing, you should get in contact with an experienced criminal defense attorney as soon as possible. A qualified criminal defense lawyer can review your case and advise you on viable defenses and how best to handle your situation.