What Does “Vehicular Manslaughter” Mean?

Facing vehicular manslaughter charges?

If you were involved in a car accident that caused the death of another person, the consequences could be serious. Not only do you have to deal with the guilt of what happened and wonder what you could have done to prevent it, but you could be up against some serious criminal charges.

But what does “vehicular manslaughter” mean and how can an experienced criminal defense attorney help you through this heavy legal matter?

Let’s walk through Missouri statutes and definitions regarding vehicular homicide, what you’re up against, and how Rose Legal Services can help.

Missouri Law and Vehicular Homicide

Vehicular manslaughter (also known as “vehicular homicide”) is defined as “causing the death of a human being due to illegal driving of an automobile.”

This definition includes acts of drunk driving, speeding, reckless driving, and gross negligence.

The person who lost their lives as a result of the illegal driving act could be any number of people, including:

• The other driver
• A passenger of any vehicle involved
• A pedestrian bystander
• A cyclist

Since such an incident involves a fatality, vehicular manslaughter is one of the most serious criminal offenses. However, not all states distinguish vehicular manslaughter from “involuntary manslaughter,” including the State of Missouri.

In Missouri, that means the case is charged under § 565.024, RSMo (involuntary manslaughter in the first degree) or § 565.027, RSMo (involuntary manslaughter in the second degree). For a full breakdown of how these charges compare to murder, see Missouri Murder Laws Explained.

How Are Vehicular Manslaughter Cases Handled vs. Involuntary Manslaughter Cases?

Some states have a separate vehicular homicide statute that makes these cases easier to prosecute and punishes them more harshly. Missouri does not. Here, a fatal crash is charged under the general involuntary manslaughter laws, and the outcome turns on what the State can prove about the driver’s conduct and condition.

Ordinary Negligence Vs. Gross Negligence

Ordinary negligence occurs when a person that has a duty of care fails to provide it—whether through a specific act or a failure to act—and causes harm or loss to another person. In a traffic situation, negligence simply means that the person is at fault for the collision that caused harm.

In situations where a car accident causes the death of another person, the at-fault driver will not necessarily be charged with involuntary manslaughter or any crime at all. Their negligence simply means that they are responsible for monetary compensation through their insurance provider or their own assets.

Gross negligence, however, occurs when the negligent party recklessly disregards the safety of those around them. When gross vehicular manslaughter occurs, the at-fault driver may face criminal charges.

How Does the Prosecution Prove Gross Negligence?

To convict a driver of vehicular manslaughter in the state of Missouri, the prosecution must prove – beyond a reasonable doubt – that the driver acted recklessly or with gross negligence while behind the wheel.

Some common examples of reckless driving or gross negligence that leads to an involuntary manslaughter charge include:

• Excessive speeding
• Texting and driving
• Drunk or impaired driving
• Running a traffic light
• Disregarding road signs
• Driving on the wrong side of the road

An experienced criminal defense attorney can develop a strategic defense strategy for your case that will either prove you were not acting with gross negligence or cast doubt on whether you were driving recklessly.

Penalties for Vehicular Manslaughter in Missouri

The sentence for involuntary manslaughter after a fatal crash depends heavily on the circumstances. In Missouri, every degree of involuntary manslaughter is a felony:

• Involuntary manslaughter in the first degree (§ 565.024, RSMo): Recklessly causing a death, or causing a death with criminal negligence while driving intoxicated. This is a class C felony punishable by 3 to 10 years in prison. It can be charged as a class B felony, punishable by 5 to 15 years, in certain intoxicated-driving cases, such as when more than one person is killed.
• Involuntary manslaughter in the second degree (§ 565.027, RSMo): Causing a death with criminal negligence. This is a class E felony punishable by up to 4 years in prison.

Not every fatal crash leads to a homicide charge. When a driver was ordinarily careless, the case may be handled as a civil matter or a traffic offense instead. When alcohol or drugs are involved, prosecutors are far more likely to file felony charges, and the driver may also face a separate civil lawsuit. Learn more in Criminal and Civil: You Can Be Charged and Sued for DWI with Injury.

Charged With Vehicular Manslaughter? Get the Legal Aid You Need

If you find yourself facing a vehicular manslaughter charge in the Show-Me State, your best course of action is to contact an experienced Missouri criminal defense lawyer as soon as possible.

These are serious charges and they require the assistance of an experienced lawyer who can research the facts of the case, develop a reasonable defense, and provide you with professional legal advice.