Vehicular Homicide Laws
Vehicular homicide, also known as vehicular manslaughter, may be less serious than most other homicide offenses. On the other hand, it tends to be more serious than most motor vehicle offenses. Prosecutors historically charged this type of crime as involuntary manslaughter before states developed laws to treat homicide differently when it involves the operation of a vehicle. (In some states, vehicular homicide remains a form of involuntary manslaughter.)
What Is Vehicular Homicide?
Vehicular homicide may be charged in various situations when a death results from careless or reckless driving, or from certain motor vehicle violations.
Elements of Vehicular Homicide
A prosecutor charging vehicular homicide generally needs to show that the defendant caused the death of someone else through their illegal or otherwise improper operation of a motor vehicle. They also often need to prove a certain mental state. Some laws require proof of recklessness, although extreme recklessness might support a murder charge instead.
In other cases, a prosecutor might need to prove negligence. This generally involves a deviation from the standard of care that a reasonable driver would have met in the circumstances. Some vehicular homicide laws require proof of “criminal negligence,” which indicates a significant deviation from the standard of care. Other statutes require only proof of ordinary negligence, which means any deviation from the standard of care.
Some states link vehicular homicide to certain motor vehicle offenses, such as DUI or reckless driving. A prosecutor may not always need to prove negligence or recklessness in addition to proving the underlying offense. For example, Colorado makes it a “strict liability crime” to cause a death while driving under the influence of alcohol or drugs.
Examples of Vehicular Homicide
Consider a situation in which Phil is speeding down a city street at 105 mph. He runs a red light and kills an occupant of a vehicle that had the right of way. An ensuing test reveals that Phil had an 0.16 BAC (blood alcohol content), twice the legal limit. Since Phil not only ran the red light but also was highly intoxicated and flagrantly violating the speed limit, he likely could face a vehicular homicide charge. (A prosecutor might even consider a murder charge, depending on the definition of murder in the jurisdiction.)
Now consider a situation in which Phil is short on sleep while driving on a freeway. Due to his fatigue, he does not brake soon enough when traffic starts slowing. Phil strikes a motorcycle in front of him, causing the rider’s death. Vehicular homicide may or may not make sense in this case. A prosecutor may want to carefully evaluate whether they can prove any mental state required in the applicable statute.
Offenses Related to Vehicular Homicide
Some other homicide charges that may result from events similar to those supporting vehicular homicide charges include:
- First-degree murder: generally an intentional homicide with premeditation, which means that the defendant had an opportunity to deliberate before killing
- Second-degree murder: a homicide committed without premeditation but with intent or extreme recklessness
- Voluntary manslaughter: a homicide that happened when the defendant responded in a “heat of passion” to a severe provocation
- Involuntary manslaughter: an unintentional homicide involving negligence or a level of recklessness that does not warrant a murder charge
Defenses to Vehicular Homicide Charges
Certain defenses associated with other homicide charges, such as self-defense, rarely apply to a vehicular homicide charge. A defendant sometimes might argue that their actions did not cause the death, or that they met the appropriate standard of care in the circumstances. If the charge is based on an underlying motor vehicle offense, a defense to the underlying offense could defeat the vehicular homicide charge as well.
Sometimes a driver causes a crash in response to a sudden emergency. For example, they might have swerved into another lane to avoid being hit by a truck swerving into their lane. If a reasonable person would have done what the defendant did, they probably could argue that their behavior was not negligent in the situation.
A defendant also might point out mistakes by law enforcement in an effort to get incriminating evidence thrown out of the case. If a vehicular homicide charge results from alleged drunk driving, for example, an error in administering a BAC test could warrant the exclusion of the result. This could make it more difficult for the prosecution to meet its burden of proof.
Penalties for Vehicular Homicide
The potential sentence for vehicular homicide varies dramatically by state. Penalties may depend to some extent on the mental state of the defendant or the underlying circumstances. Examples of the sentencing ranges in various states include:
- California: Up to 1 year in jail (without gross negligence); up to 1 year in jail or 2, 4, or 6 years in prison (with gross negligence)
- Colorado: Generally 2-6 years; 4-12 years when under the influence
- Florida: Generally up to 15 years
- Massachusetts: 30 days-2.5 years in jail (if negligent); up to 2.5 years in jail or up to 5 years in prison (if reckless); 1-2.5 years in jail or 2.5-15 years in prison (if under the influence)
- Nebraska: Generally up to 1 year (potentially much harsher penalties if the offense involved reckless driving, DUI, or driving on a revoked license)
- New York: Generally a minimum term of 1-2.33 or 1-5 years (depends on whether circumstances warrant charging a Class C or D felony)
- Washington: Up to life imprisonment
- Wisconsin: Generally up to 10 years (potentially much harsher penalties if intoxication was involved)
In addition to criminal penalties, a driver might face a license suspension by the motor vehicle agency in their state. They might even face license revocation, which means that they would need to apply for reinstatement once the period of revocation expires.
