How to Avoid Vehicular Manslaughter
Posted on Jan 16, 2012 11:30am PST
A couple of weeks ago a man was driving in the morning in San Francisco when he turned the corner and hit a pedestrian who was walking through a crosswalk. The 60-year-old driver was alleged to have worn a cast will driving; the 59-year-old pedestrian who he had hit died later in the hospital and the man wearing the case is now facing vehicular charges. Vehicular manslaughter can be charged when a person driving unintentionally kills someone; this must include gross negligence, speeding, drunk driving, or careless driving.
Negligence may mean incautious driving. A lot of times courts use a scenario to determine if someone has displayed negligence when in a vehicle, an example being that a person should know not to drive with while in a cast. Speeding is another way to get charged with vehicular manslaughter should you run into someone and cause a fatality. An important general rule is to never drive at unsafe speeds: make sure that you always know the posted speed limit to avoid a catastrophe on the road. Lawfully, it is alleged in certain states that if you drive at the flow of traffic that you are following legitimate state rules.
Many times, when a driver hits and kills someone they are under the influence of alcohol. Last September a 27-year-old man was charged with vehicular manslaughter due to driving while inebriated. He hit and killed a 24-year-old woman. One way to avoid this scenario is to never step into the car and drive when intoxicated. Many alcohol companies advertise planning ahead if you know you're going to a party or some other location where you won't to be able to drive; most alcohol companies suggest choosing a "designated driver." Lastly, though careless driving may be caused by drunk driving, it does not necessarily mean that this is the case. Careless driving can include not paying attention to traffic signs, talking or texting on your cell phone, applying cosmetics or other distracted driving that might cause an accident.
State legislatures vary in punishments but if you look up the charges of vehicular manslaughter on a legal or government enforcement site, you'll be able to confirm the possible punishment for the charges. In California, vehicle manslaughter can be referred to as a "wobbler" defense; this means that the charges could be called either a felony or a misdemeanor. A misdemeanor conviction can result in a year of prison while a felony conviction can result in a prison or jail sentence of two, four, or six years.
Sentencing can also result in probation or parole as well as driving privileges revoked or suspended. A sentence is not always the same and is dependent on a number of variables. A lot of times a person who incurs vehicular manslaughter charges that do not have a criminal record will have a softer punishment imputed to them. Unfortunately, this also means harsher penalties for those who have had other convictions than their charge of vehicular manslaughter. Also, factors such as state court, news, and other elements can result in different punishments; such as drug and alcohol relations. Many times, if you have already incurred manslaughter charges, there are attorneys who may help you with certain defenses.
An experienced car accident attorney may help you in your current case; this can take place with your attorney interviewing witnesses, the prosecutor, or police. It is imperative to visit your state website to understand vehicular manslaughter charges today. If you have not been involved in this type of an accident, remember that the preventative measures above can keep you and your loved ones safe from harm. If everyone is doing their part, there will be less danger on the road to worry about.