What is Vehicular Homicide?
Vehicular homicide is a term used to describe the killing of one or more human beings as a result of a person’s reckless or negligent actions behind the wheel of a motor vehicle. It is a serious criminal offense that is considered a violent crime in many jurisdictions, carrying harsh penalties and lengthy prison sentences.
Legal Definition of Vehicular Homicide
Vehicular homicide is often defined as a criminal offense, with different jurisdictions having varying degrees of culpability and punishment. In some states, vehicular homicide is categorized as a homicide committed under the influence of drugs, alcohol, or other intoxicants, resulting in the death of one or more individuals. In others, it may be referred to as driving under the influence (DUI) resulting in death.
California Code, Section 187, defining vehicular homicide as follows:
"A person who recklessly engages in conduct or omits to perform duty, either of which could and did proximately cause the death of another shall be liable for damages" (§187).- Federal law, defines vehicular homicide as any motor vehicle death caused by a drunk or impaired driver (22 USC §402(a)(3)).
Causation
Vehicular homicide cases often revolve around causation, where the actions or inactions of the driver are responsible for the death of others. There are several forms of causation, including:
• Direct cause: where the driver’s actions, such as drunk driving or speeding, result in a direct cause-and-effect scenario leading to a fatality.
• Proximate cause: where the driver’s conduct is connected to the underlying cause of the fatality, such as reckless behavior.
• Concurrent cause: where multiple factors contribute to the fatality, but the driver’s actions or inactions are among the key causes.
Conduct That Constitutes Vehicular Homicide
Conduct that may be considered vehicular homicide includes:
• Drunken driving or being under the influence of intoxicating substances;
• Speeding or reckless driving, including actions such as tailgating, passing, or rapid acceleration/deceleration;
• Negligence, including failure to keep a lookout, failure to maintain proper control, or failure to adjust speed for road conditions;
• Distractions, including using cell phones, playing with vehicle controls, or engaging in conversations with others;
• Exhaustion or driving fatigued;
Examples of Vehicular Homicide Cases
To illustrate the types of circumstances that may be considered vehicular homicide, consider the following examples:
- A driver exceeds the speed limit while texting on their phone and causes a fatal collision, resulting in the death of two individuals.
- A person gets drunk at a party and later drives while under the influence, hitting and killing another motorist who is stopping at an intersection.
- A commercial truck driver falls asleep at the wheel and rear-ends another vehicle, resulting in fatalities and significant property damage.
Investigation and Charging Decisions
When law enforcement investigate vehicular homicide cases, they typically begin by identifying the cause of the fatal incident, examining evidence at the scene, and speaking with witnesses and the alleged perpetrator. Depending on the circumstances, police may choose to:
- File charges related to DUI or reckless endangerment
- Not file charges if it is unclear whether the driver’s conduct contributed to the fatality
- Request an investigation from the relevant agency, such as a district attorney or prosecutor, to determine if charges are warranted
Punishments for Vehicular Homicide
Punishments for vehicular homicide vary by jurisdiction but may include:
• Imprisonment, often with lengthy minimum and maximum sentences
• Fine or restitution to victims’ families or dependents
• Probation or other community service sentences
- In some cases, even a lifesaving prison sentence
Consequences for the Families
The consequences of vehicular homicide extend far beyond the perpetrator, affecting family members and loved ones left behind:
- Financial burden, including medical bills, funeral expenses, and ongoing expenses
- Emotional distress, including feelings of loss, guilt, and regret
- Legal expenses, including compensation claims, legal fees, and litigation
- Lives forever changed by the tragic loss
Prevention and Safety Measures
To reduce the likelihood of vehicular homicides, communities and individuals can take measures to:
• Educate people about the dangers of drinking and driving
• Implement traffic safety measures such as speed bumps, stop lights, and reduced speed limits
• Enforce traffic laws and promote driver accountability
• Support rehabilitation programs and driver education
Conclusion
Vehicular homicide is a criminal offense with serious consequences. It is essential to recognize the dangers associated with reckless or negligent behavior behind the wheel and take preventive measures to minimize the risk of these tragedies.
