Can a Driver Causing a Wrongful Death be Charged with Murder?
When a car or truck accident results in a fatality, the at-fault driver may face criminal charges. Vehicular homicide occurs when a person recklessly causes another's death, transforming the incident from an accident into a crime. Vehicular homicide is often referred to as vehicular manslaughter, but in extreme cases, the driver could face murder charges.
Families of people killed in motor vehicle accidents often ask why is the driver getting away with this? Shouldn't he be charged with murder? The answer is fuzzy but clear. Negligence alone will not justify criminal charges but if the truck driver has exceeded the legal hours on the road, if a car is driving at twice the speed limit, these are factors that may transform negligence into a criminal case. Either way the family of the person wrongfully killed in the crash will recover money but there is the emotional component of not letting the other driver "get away with it".
If you were the victim of a serious car accident or worse, have lost a loved one, here are the basic rules for when a vehicle crash can become a criminal matter.
Are There Strict Rules Defining When a Fatal Accident is Vehicular Manslaughter?
There isn't a strict formula to determine when an accident is also a criminal act. Instead, a "case-by-case approach" is used. According to People v. Superior Court (Costa) (2010) 183 Cal.App.4th 690, 698, criminal charges may be filed if the evidence shows a wanton disregard for life and a subjective awareness of the risk, which may imply malice (People v. Johnigan (2011) 196 Cal.App.4th 1084, 1091).
For instance, in People v. Canizalez (2011) 197 Cal.App.4th 832, the court ruled that participating in a speed contest in a residential area supported a finding of not just vehicular manslaughter but also second-degree murder, as the danger was so obvious it was almost a conscious choice to endanger lives.
In People v. Moore (2010) 187 Cal.App.4th 937, a jury found second-degree murder where a sober driver, intending no harm, drove 70 mph in a 35 mph zone, ran a red light, and caused a fatal accident. This seemingly ordinary accident demonstrated such recklessness that it supported a murder charge.
In People v. Ortiz (2003) 109 Cal.App.4th 104, a murder verdict was sustained when the defendant drove at excessive speeds. Similarly, People v. Contreras (1994) 26 Cal.App.4th 944, 956–957 involved a fatal accident with a tow truck driver racing to an accident scene with faulty brakes, driving 47 to 54 mph in a 25 mph zone, striking a stopped car at a red light, and killing a passenger.
These are the basic rules but there are variations.
The Conduct Does Not Need to Be Inherently Dangerous
“[T]he offense which constitutes the ‘unlawful act’ need not be an inherently dangerous misdemeanor or infraction. Rather, to be an ‘unlawful act’ within the meaning of section 192(c)(1), the offense must be dangerous under the circumstances of its commission. An unlawful act committed with gross negligence would necessarily be so.” (People v. Wells, supra, 12 Cal.4th at p. 982.) So if a driver exceeds his allowed hours without a rest (truck accident cases) this is arguably dangerous but in some cases the driver might argue that he was not tired. The murder case could turn on whether in this instance a breaking of the # of hours rule was just a rule violation or whether it actually helped cause the accident. On the other hand driving 50 miles in a 25 mile per hour zone might called "inherently dangerous" because there is never a time when this does not create a real danger of death.
Emergency
Rushing a pregnant women to a hospital might be an emergency but does that excuse driving at twice the speed limit? Same question in a different scenario. Is driving a child with a broken arm to the Emergency Room an emergency that excuses running a red light? These types of "emergency" issues arise in the context of defenses to criminal charges in wrongful death cases.
Summary
In essence, a car or truck accident is an accident. However, if someone intentionally drives in a manner that clearly endangers others' lives, this conduct can escalate the incident to manslaughter or murder.
The Best Wrongful Death Lawyers
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