California Vehicular Manslaughter
In 2007 a California man was convicted of California vehicular manslaughter for a crash that killed an eight year old child. Last month, the Court of Appeals reversed the conviction, ruling San Mateo County prosecutors violated the defendant’s 5th Amendment right against self-incrimination when they presented evidence showing the defendant never asked about the well-being of the victim and the family when questioned by police.
California’s Drivers Are Treated Differently Than In Most States
In California, drivers are typically not charged with any violation for an injury accident unless an officer actually witnesses the accident. This is unlike other states, where citations are routinely issued to drivers who are at fault in accidents. Many people are very surprised to learn that a negligent driver who injured them is not being cited. But when alcohol or gross negligence is involved, as it was in this case, it’s a different story. In those cases the person responsible for the crash is more likely to be cited for traffic violations.
California Penal Code Section 191.5 Manslaughter
California has two vehicular homicide statutes. Gross Vehicular Manslaughter is the unlawful killing of a human being without the intent to kill while driving a vehicle legally intoxicated with “gross negligence.”
A “lesser” charge is regular Vehicular Manslaughter which is the unlawful killing of a human being without an intent to kill, in the driving of a vehicle without gross negligence.
The Penalty for Vehicular Manslaughter
The main difference between the two statutes is gross negligence, which is defined as “an extreme departure from the ordinary standard of conduct” one is expected to have while operating a vehicle. Regular negligence and “gross” negligence are somewhat subtle concepts. However, the basic idea is that the more culpable an individual at the time of the deadly accident, the more severe the charge and penalty.
California Vehicular Manslaughter Prison Sentencing
The punishment for Gross Vehicular Manslaughter is imprisonment for four to ten years and the punishment for Vehicular Manslaughter is 16 months to four years. For those with prior convictions, a conviction for Gross Vehicular Manslaughter is 15 years to life in state prison.
The California man convicted of vehicular manslaughter in this case spent three years in prison simply because the prosecution used his statements — or lack thereof — to prove the “I don’t care” attitude needed to establish gross negligence.
Penalties for San Francisco Drunk Driving Accidents
There are serious consequences for San Francisco drunk driving accidents, which can include recovery of punitive damages. However, it is important to remember that the criminal law has different rules than civil lawsuits following these accidents. For example, the conduct of the police officers is critical in whether or not a driver will be criminally cited for the conduct. A civil suit does not hinge on the specific protocol being following by police officers.
In any event, if you’ve been in a car accident as a result of a negligent or reckless driver, it is important to contact a California injury attorney to help you. This type of accident can turn the life of an entire family upside down, as loved ones have mounting medical bills, lost time from work, and often significant pain and suffering. A civil lawsuit in these cases might be needed to ensure those hurt receive fair compensation for their losses and harms.
Legal Help Following San Francisco Car Accidents
If you’ve been involved in a car accident, it’s important to contact a qualified San Francisco accident attorney right away. Call us now, or click to contact us online for a free attorney consultation.
Boone Callaway is a personal injury & medical malpractice lawyer in San Francisco who has been working with clients in the Bay Area for over 25 years. Mr. Callaway is one of only a few personal injury litigators in San Francisco who is a Super Lawyer, AV Rated and is also a member of ABOTA – American Board of Trial Advocates.
