What Does Vehicular Manslaughter Mean?

When Can You Be Charged With Vehicular Manslaughter? What Defenses Can You Raise?

One difference between criminal and civil law centers on the legal principle of negligence. In most instances, when you suffer losses because of the careless or negligent acts of another person, your remedy is through a civil proceeding, where you seek financial compensation for your losses. There are, however, a few specific behaviors involving negligence that are defined by statute to constitute criminal offenses. One such act is vehicular manslaughter.

What Is Vehicular Manslaughter?

Homicide crimes, which involve the unlawful killing of another person, are generally identified as either “murder” or “manslaughter.” Murder, the more egregious of the two offenses, generally requires “malice aforethought,” commonly defined as either an intent to cause death or serious bodily harm, or actions taken that indicate a reckless disregard for the value of human life.

Manslaughter, on the other hand, can often look like murder, but it typically is charged as a lesser offense because the act was committed in the heat of passion or as the consequence of an “irresistible impulse.” Most jurisdictions distinguish between voluntary and involuntary manslaughter, and vehicular manslaughter commonly falls in the category of involuntary manslaughter.

Vehicular manslaughter is customarily defined by state law, and the specific acts that qualify for a charge of vehicular manslaughter therefore vary from state to state. As a general rule, vehicular manslaughter involves the careless, negligent, or unlawful operation of a car, truck, motorcycle, boat, or other motor vehicle in such a way that it causes the death of another person. Actions behind the wheel that are commonly considered to be criminally negligent include:

• Operating a vehicle while legally impaired by alcohol or drugs
• Operating a vehicle in a reckless or grossly negligent manner
• Violating certain traffic laws, such as speeding, failing to use due caution, failing to stop at a traffic light or stop sign, or making an illegal lane change

Is Vehicular Manslaughter a Felony or a Misdemeanor?

In many jurisdictions, certain types of vehicular manslaughter are automatically deemed felonies. For example, in most states, if you cause the death of another person while driving under the influence of drugs or alcohol, you can face felony charges. Many jurisdictions give discretion to prosecutors, allowing a person to be convicted of a felony if there is sufficient evidence of gross negligence.

Examples of Vehicular Manslaughter

While any act of negligence can be grounds for a charge of vehicular manslaughter, more often such charges involve a high degree of carelessness. That may include:

• Operating a vehicle while intoxicated or high on drugs
• Drag racing, which can be construed as a reckless disregard for human life
• Significantly exceeding the speed limit…traveling 60 mph in a 25 mph zone, for example
• Causing a fatal accident because you were distracted by a handheld device

What Defenses Can Be Raised to a Charge of Vehicular Manslaughter?

Because vehicular manslaughter requires a showing of carelessness or negligence, a common defense involves arguing that you weren’t negligent or reckless. For example, if a tree fell in front of you while you were driving, and you swerved to avoid it, you could argue that your actions were reasonable (and therefore not negligent), even though it caused you to collide with another person and cause their death.

You might also defeat a charge of vehicular manslaughter by refuting the underlying criminal offense. If you were charged with speeding, but you can prove that you were traveling within the posted limit, there’s no basis for criminal negligence. If you are charged with vehicular homicide because you were deemed to be intoxicated at the time of the crash, invalidating the BAC tests can be an effective defense to the vehicular manslaughter charge.