Can I Be Held Responsible In An Accident Causing Death?
Discover the crucial role of legal representation when you're involved in an accident causing death in California. This is a question that arises frequently, especially among my clients who have been in serious accidents.
They're being investigated by CHP or whatever law enforcement agency happens to assume responsibility for the case. These agencies are responsible for conducting a thorough investigation to determine the cause of the accident and whether any criminal charges should be brought. They're concerned about whether or not they will be prosecuted for the death.
Several different theories could cause somebody to be criminally prosecuted. For example, probably the most obvious one is:
- if you were drinking alcohol or using drugs;
- whether they be illegal drugs or prescription drugs, and
- you become involved in an accident and kill somebody.
You have potential criminal liability depending on what happened with the accident, whose fault the accident is, and a host of other factors such as the condition of the road, weather conditions, and the actions of other drivers. So, you're going to want to consider whether or not you have done something criminal related to the accident.
That's one theory of liability in a criminal case or what we call guilt. This is where you were using some substance, so the law will presume that you were responsible for the accident and, therefore, the death, and consequently, you would be held criminally accountable.
If you can rebut that presumption through your attorney, in other words, your attorney can present evidence that shows even though the person had alcohol in their system, the accident is still someone else's fault.
For example, I had a case where somebody was making a left close to a sign that said no left-hand turn near the mall.
My client comes along; they make the left in front of my client; my client has had alcohol and is booked for a DUI.
The other party claims that they're injured and now wants my client to be responsible for their injuries and accountable for a serious DUI. When you have a DUI with injuries, it is a lot more challenging to resolve.
Fortunately, I was able to show because I took a picture of the intersection where the accident happened, and I told the prosecutor, which rebuts the presumption.
There's a sign right there. You can't make an illegal left in front of my client, which is precisely what the person did. My client is not responsible for that injury.
You want to charge him for a DUI, fine, but they're not responsible for the injury.
Reckless Driving In Accidents Causing Death
Other ways that I've seen this issue come up, let's say somebody's driving very recklessly on the road with no alcohol or drugs in their system, and they get in a horrible accident. That can also trigger criminal responsibility. Where they start to split hairs with that is whether or not whatever you were doing:
- speeding,
- driving recklessly,
- swerving,
- whether that is just simple negligence.
If it's just simple negligence, typically, you're not going to have criminal responsibility for that. However, they could try to get you for involuntary manslaughter under California Penal Code 192b PC if you violated some traffic edict and death occurred.
But, again, if there's just negligence and somebody dies, they're not going to charge you with a crime.
On the other hand, if you drive recklessly with wanton disregard for human safety, let's say you're going 130 mph on the city streets and you blow through a light, that's going to get you some criminal responsibility.
Second-Degree Murder Charges
That might even take it up to second-degree murder if they can show your activity was wanton and depraved-hearted enough to get that second-degree murder charge.
Typically, what you'll see, though, is some manslaughter charge, such as a vehicular manslaughter charge, if you were grossly negligent. It's interesting how they split hair when these deaths occur on the highway. Either it's:
- simple negligence,
- gross negligence or
- wanton disregard for human life.
All three trigger different responsibilities, but the question is how to determine which one.
It's clear why you need an attorney with extensive experience in these cases. With nearly 30 years of defending such cases, I have a deep understanding of the law and have built relationships with prosecutors. This experience brings a sense of relief, knowing that you have a seasoned professional on your side.
I have a good accident reconstruction expert on the payroll, so we know how to handle them and fight them.
Sometimes these cases are poorly investigated by the police. They've got people doing the accident reconstruction that thinks that they're good accident reconstruction experts. Still, they don't have the credentials, and my accident reconstruction expert can tear them up when litigation on this issue.
Criminal Defense For Accidents Causing Death in Los Angeles
As you can see, determining criminal responsibility in the event of a fatal road accident is complex and intricate. This underscores the crucial need for professional guidance and representation in such cases.
It's important to understand that even if formal charges have not been filed against you, being under investigation for a road accident can have serious implications. This underscores the urgent need for an experienced criminal defense lawyer to protect your rights and interests. Seeking early legal counsel empowers you to take control of the situation.
Whether it was hit and run, alcohol-related, drug-related, or just claiming that you somehow did something wrong. Maybe they claim you were negligent, grossly negligent, or acted with wanton disregard for human safety.
Whatever they try to ram you into, you must have a champion on your side, someone like me who has the experience, know-how, and ability to take on the authorities and defend you. This reassures you that you're not alone in this battle. Pick up the phone. Ask for a meeting with Ron Hedding. I stand at the ready to help you.