Vehicular Manslaughter Laws and Sentences

A motorist who negligently, recklessly, or unlawfully operates a vehicle and causes the death of another person will likely face criminal charges. However, state laws vary significantly in defining and penalizing driving-related killings. Most jurisdictions have vehicular homicide or manslaughter statutes that apply specifically to driving-related killings. In other jurisdictions, the crime is prosecuted under more general manslaughter and murder laws.

This article provides a general overview of the potential criminal charges and penalties imposed when a driver unintentionally causes the death of another person while at the wheel.

What Is Vehicular Manslaughter?

Most states recognize "vehicular manslaughter" (also called "vehicular homicide" and "homicide by vehicle") as a separate class of homicide that applies exclusively to motorists who cause the death of another person while operating a vehicle. Depending on the jurisdiction, vehicular manslaughter might be defined as causing the death of another person while:

• operating a vehicle in a negligent, grossly negligent, or reckless manner
• in violation of the state's DUI laws, or
• committing certain traffic offenses.

Many jurisdictions also have several categories of vehicular manslaughter that carry different penalties.

Negligent Driving and Vehicular Manslaughter Charges

In some jurisdictions, a driver can be charged with vehicular homicide for causing a fatal accident while driving a vehicle negligently. Negligence (also called "simple negligence" or "ordinary negligence") is generally defined as failing to exercise a degree of care that a reasonable person would under similar circumstances.

The type of conduct constituting ordinary negligence can include careless or distracted driving that isn't necessarily unlawful. For example, a driver who fails to wear glasses or briefly takes his or her eyes off the road to adjust the radio might face vehicular homicide charges if the inattention causes a fatal accident.

Vehicular Manslaughter Charges Based on Grossly Negligent Driving

Some states define vehicular homicide as causing the death of another person while operating a vehicle in a grossly negligent manner. Gross negligence (also called "criminal negligence" or "culpable negligence") involves more egregious conduct than ordinary negligence.

Typically, a driver is grossly negligent by failing to perceive a risk that will result from engaging in certain conduct. The nature and degree of the risk must be so substantial that the driver's failure to perceive it constitutes a gross deviation from the standard of care that a reasonable driver would observe in the same situation. In other words, the driver should have been—but wasn't—aware of the risk posed by the dangerous driving.

Reckless Driving and Vehicular Manslaughter Charges

In some states, a driver can be charged with vehicular homicide for causing the death of another person while driving recklessly. "Recklessly" is generally defined as consciously disregarding a "substantial and unjustifiable risk." In other words, the driver was aware that the conduct posed a serious risk but engaged in that conduct anyway.

How Driving Under the Influence of Alcohol or Drugs Can Lead to Vehicular Manslaughter Charges

In many jurisdictions, a driver who causes the death of another person while driving under the influence of alcohol or drugs commits vehicular homicide. In addition to the driver's intoxication, some states require proof of negligent driving. In other states, establishing that the driver was intoxicated and caused a fatality is sufficient.

Traffic Violations Involving Fatalities Can Result in Vehicular Manslaughter Charges

A few jurisdictions define vehicular homicide as causing the death of another person while committing certain traffic offenses. In these states, the qualifying traffic offense is typically a serious crime, such as DUI, hit-and-run, reckless driving, or eluding police. However, in some jurisdictions, even minor traffic infractions, like illegal passing or turning, speeding, and texting while driving can trigger a vehicular homicide charge.

What Are the Penalties for Vehicular Manslaughter?

The criminal classification (misdemeanors and felonies) and potential penalties for a driving-related homicide conviction vary by jurisdiction.

Is Vehicular Manslaughter a Misdemeanor or Felony?

In many states, vehicular homicide and other driving-related homicides are always felonies. In other states, the crime can be a misdemeanor or a felony, depending on the circumstances. Generally, negligent driving that causes death results in a misdemeanor, whereas fatalities resulting from driving recklessly or intoxicated are ordinarily felonies.

What Kinds of Penalties Result from a Vehicular Manslaughter Conviction?

Generally, a vehicular manslaughter conviction can result in fines, jail or prison time, and license suspension or revocation.

Misdemeanor Vehicular Manslaughter Penalties

Misdemeanor convictions typically carry a maximum sentence of one year in jail and fines of up to a $1,000 or slightly more. A misdemeanor conviction might also result in a license suspension of up to a year or so.

Felony Vehicular Manslaughter Penalties

Felony vehicular manslaughter convictions typically carry at least a year in jail or prison and expensive fines that can get well up into the thousands. It's also common for a felony conviction to lead to the loss of driving privileges. Depending on the situation, the driver could even face permanent license revocation.

Murder and Homicide Charges for Driving-Related Deaths

In states that don't have specific vehicular homicide laws, a motorist who unintentionally causes the death of another person may face prosecution under the state's general homicide statutes. Depending on the jurisdiction and circumstances, a fatal car accident could result in charges like:

• negligent homicide
• involuntary manslaughter, or
• second-degree murder.

These classifications aren't always completely distinct from what we've been calling "vehicular manslaughter." Every state uses a different naming convention, so the distinctions we discuss below are generalizations and don't hold true in all jurisdictions.

Driving Deaths and Negligent Homicide Charges

Negligent homicide is generally the least serious crime associated with driving-related killings. A driver commits negligent homicide by causing the death of another person while driving in a criminally negligent manner. As discussed above, a driver who was unaware of the risk posed by the unsafe driving (but should have been) is criminally negligent.

Involuntary Manslaughter Charges for Driving-Related Killings

Involuntary manslaughter (also called "second-degree manslaughter") is a common charge resulting from a driving-related killing. Although state laws vary, involuntary manslaughter generally refers to an unintentional killing that results from recklessness or criminal negligence.

Second-Degree Murder for Driving Deaths

When a motorist's driving is particularly dangerous, second-degree murder charges are possible in some jurisdictions. States typically define second-degree murder as recklessly or knowingly engaging in conduct that results in the death of another person under circumstances showing "extreme indifference to the value of human life."