Can You Go To Jail For Accidentally Killing Someone In A Car Accident?

Can You Go to Jail for Accidentally Killing Someone in a Car Accident?

The term “car accidents” implies a lack of intentionality, so it might seem like you wouldn’t face criminal charges for inadvertently causing a fatal crash. However, if you were incredibly negligent or certain aggravating factors were present, you could be charged with a crime. If convicted, there’s a very real chance you’ll go to jail or prison.

What happens if you kill someone in a car accident? The exact crime you’re charged with will vary based on your state and the circumstances of the accident. These are some of the most common charges:

Vehicular Homicide and Vehicular Manslaughter

“Killing someone in car accident” charges can include vehicular homicide and manslaughter. These crimes are very similar, and both involve causing someone’s death while driving a car negligently or illegally.

The definition of each one varies depending on your state. Generally, though, vehicular homicide involves a higher degree of recklessness or negligence. It is often (but not always) a felony.

For example, you might be charged with vehicular homicide if you hit and kill someone while driving recklessly or while under the influence of alcohol or drugs. If you hit and kill someone while committing a comparatively minor infraction (like running a stop sign) you may be charged with vehicular manslaughter.

Reckless Homicide and Criminally Negligent Homicide

In some states, you might face charges of reckless homicide or criminally negligent homicide. Like vehicular homicide and vehicular manslaughter, these cases have slightly different definitions:

• Reckless homicide involves being aware of and disregarding the fact that you’re putting others at risk.
• Criminally negligent homicide involves failing to notice a risk that most reasonable people would.

In other words, reckless homicide involves intentionally risking the lives of others, but criminally negligent homicide does not. Both are usually felonies, but reckless homicide is a more serious charge.

Possible Consequences of a Conviction

If you’re arrested after causing a fatal car accident, you should retain a criminal defense attorney as soon as possible. The stakes you’re facing are very high. Penalties for a conviction will vary by state, but if you’re convicted of vehicular homicide or a similar crime, you may face consequences like these:

Jail or Prison Time

If you’re convicted of a misdemeanor offense, you will likely be sentenced to up to a year in jail. If you receive a felony conviction, you’ll be sent to prison—possibly for multiple years.

Fines

Criminal convictions don’t only impact your freedom. They can also have a damaging effect on your finances. A conviction may lead to hundreds or thousands of dollars in fines. The more serious the charge, the higher the fine is likely to be.

License Suspension

In most cases, causing a car accident that results in death will lead to a driver’s license suspension. The length of suspension can vary considerably. Some misdemeanor convictions only result in your license being suspended for a few months, while license suspensions for felonies may last years.

If your offense involved driving under the influence of alcohol or drugs, your license suspension may be even longer. In some instances, your attorney might be able to help you get a limited driving privilege so you can drive to work or school.

Probation

In certain cases, you may be placed on probation. While not as restrictive as being in jail or prison, probation often requires you to abide by certain guidelines. You may have to submit to drug tests, regularly meet with a probation officer, or follow a curfew. If you violate the terms of your probation, you can be sent to jail or prison.

Criminal Record

Even after you’ve paid your fines and served your time, a criminal conviction can still cause substantial issues. Any charge involving homicide or manslaughter can make securing employment more difficult. In some locations, you may also have trouble securing housing.

What About Civil Consequences?

If you cause a car accident that kills someone, criminal charges aren’t the only consequences you need to be concerned about. The family of the deceased may file a wrongful death lawsuit against you.

If you’re sued, you should contact an attorney who focuses on personal injury defense. These professionals share some similarities with criminal defense attorneys, but instead of advocating for you in a criminal court, they do so in a civil capacity.

If you have car insurance, your insurance provider may pay for your attorney and cover any settlement up to your policy limits. If you don’t have insurance, navigating a civil case becomes more difficult. You may need to pay for a lawyer out of pocket, and if you lose the lawsuit, you may have to pay compensation to the family of the deceased.

Have You Been Charged With a Crime?

It’s easy to feel paralyzed with guilt if you caused a car accident that resulted in death. However, if you find yourself charged with vehicular homicide or a similar crime, you must act to protect yourself. If you’ve been arrested and charged, you should choose a defense attorney with experience defending people involved in fatal auto accidents.

Not sure how to find the right attorney? Let us help. At ConsumerShield, we understand that navigating the legal system can be stressful—especially if you’ve never had to do it before. That’s why we’re committed to putting people like you in touch with experienced, qualified attorneys. Fill out our contact form to get started with your free case review.