Traffic accidents happen every day around the world. Some car accidents occur because the driver fell asleep while at the wheel. Others take place as a result of negligence due to driving while intoxicated.
It is tragic to think that the negligence of a motorist could be the cause of someone else’s death, but it happens more often than you might think…
Even though vehicular homicide is considered “unintentional” it is still taken very seriously, and you can serve jail time. The state of Florida the approximate jail sentence for vehicular homicide or DUI is up to fifteen years…
Determining Driver Responsibility
If a driver is in a vehicular accident that results in someone’s death, then that person could be facing possible manslaughter charges. Of course, it’s an awful experience to know that due to negligence, your actions took someone’s life. For the family left behind, it is even more devastating.
When a tragic accident like this occurs, the first question is whether the driver displayed negligent or reckless behavior. Of course, the standard set by the state determines what action should be taken. For example, if someone decides to drink alcohol all night and then tries to drive home from a party while intoxicated and without asking someone for help, a manslaughter charge may be appropriate.
No one thinks wisely in a situation when they are intoxicated – at least not until after the fact.
Once the accident happens and a life is lost, the homicide division will send out investigators to look at the crime scene and possibly do an accident reconstruction, after which a report is mandatory.
Why You Need a Legal Expert Witness
If you have been involved in a tragic vehicular homicide, it is in your best interest to hire a car accident attorney right away. By so doing, your attorney will be able to access the accident reconstruction report and have an expert analyze it.
Yes, you will need a legal expert witness to assist in the case to help to form an opinion on what could have occurred. A legal expert witness can dissect the accident reconstruction report that the police department has provided. The legal expert witness can also make a different determination from the results of the report, compared to that of the police department. They may conclude that the accident was not caused by your driving using expert opinion, analysis, and facts of the case.
Your attorney can use the legal expert witness to also question police procedures in the investigation process and how evidence was collected.
6 FAQs to Vehicular Homicide
In addition to working with a legal expert witness to prepare your defense and keep you out of jail, here are some common questions attorneys will ask when investigating a vehicular homicide or DUI charge:
- How was the blood sample drawn?
- How was the swab used to determine the alcohol level?
- Was the individual in a diabetic shock and not necessarily intoxicated as the police may have initially thought?
- Was the blood sample properly tested?
- How qualified is the individual who drew blood from the defendant to do so?
- Were any drugs administered at the hospital before drawing blood?
Hire an Experienced Criminal Defense Lawyer
A good attorney will examine the case thoroughly to know whether or not it is in the best interest of the client to consider a settlement or plea bargain deal.
If you are currently facing DUI charges or vehicular manslaughter charges, don’t speak to anyone else until you talk to an experienced criminal defense lawyer who will help to formulate the supportive evidence by looking at the facts of your case. An attorney will provide you with all of your options, determining and establishing whether to go to trial or not…and will fight aggressively to try and keep you out of jail.
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What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)