For family members reeling from the sudden loss of a loved one in a traffic-related accident, few words suffice. Even more devastating is when they learn that their loved one’s death could have been prevented. In short, when someone causes the death of another person through negligent or reckless driving, that person might be charged with vehicular manslaughter, better known as “vehicular homicide.” Even so, there are different elements associated with manslaughter and homicide, and one does not imply intent to harm. The bottom line is—if a reckless driver has resulted in the death of your loved one, it’s wise to consult a qualified traffic violations attorney to help navigate the complexities of your case.
In a large majority of reckless driving cases, the reckless driver does not intend to cause harm, even if their behavior resulted in another’s injury or death. To be clear, the difference between murder and manslaughter is that murder requires an intention to hurt, damage or inflict great harm upon another. Thus, if a driver were to be charged with vehicular manslaughter, it must be proven that he/she operated a motor vehicle in a reckless or grossly (severely) negligent manner, and that his/her conduct caused a fatality.
Subsequently, there is also a difference between simple negligence and gross negligence. For instance, the following might be considered reckless of grossly negligent behavior:
- Driving under the influence of drugs or alcohol
- Violating traffic laws
- Excessive Speeding
- Texting while driving
- Ignoring a doctor’s order not to drive (while taking a certain medication or due to a medical condition)
In determining the type of negligence, it comes down to the extent of the danger caused as a result of the driver’s actions. Without question, a careful analysis of the accident and behavior of the driver in question is necessary.
The Experience You Need
No matter what side you’re on, when a reckless driving accident has resulted in another’s death, the consequences are far-reaching. With a seasoned understanding of how court systems work, Attorney M. Qader A. Baig has the experience you need to move towards a favorable outcome in your case. For more information or to discuss defense against serious traffic violations, contact M. Qader A. Baig & Associates, LLC in Conyers or Covington, GA today.