Vehicular Manslaughter, Vehicular Homicide Charges, New Jersey Law

Freehold, Monmouth County New Jersey Vehicular Homicide / Vehicular Manslaughter Defense Attorney, Criminal Defense Trial Lawyers

What is Vehicular Manslaughter / Vehicular Homicide?

Vehicular manslaughter (also referred to as vehicular homicide) is the legal term for the crime of causing the death of a human being due to illegal driving of a vehicle. “Illegal driving” includes gross negligence (which, the prosecution must prove), drunk driving, reckless driving, or speeding. You can be charged with vehicular manslaughter for killing a pedestrian, another motorist, or a passenger – even a loved one, in your own car.

Gross Negligence vs. Simple Negligence

In cases of vehicular manslaughter the prosecution must prove that you were driving in violation of the law or committed criminal negligence (gross negligence). Examples of gross negligence include speeding or weaving in and out of traffic lanes or failing to obey traffic lights and signs. Gross negligence may also include operating a vehicle that you knew was unsafe to drive for mechanical or other reasons including a lack of sleep (that caused you to fall asleep or nod out at the wheel.)

The particular circumstances of the accident will determine if you are charged with a misdemeanor or felony crime, but generally, if you were driving under the influence of alcohol or drugs, you will most likely be charged with felony vehicular manslaughter.

If “simple negligence” contributed to a fatal accident (for example, if you looked down to adjust your radio and ended up in an accident) you may be charged with a lesser crime.

For more information, see, New Jersey Criminal Statutes – Penalties for Vehicular Homicide (Manslaughter) – 2C:11-5. Death By Auto or Vessel.

Wrongful Death Civil Law Suit

In addition to fines and jail time you may also be subject to a wrongful death civil lawsuit. Even if you are not convicted of a crime, New Jersey law allows the victims’ family to sue in civil court to recover the cost of medical expenses, loss of consortium (companionship), lost wages, and damages for pain and suffering.

Former Prosecutors, Monmouth County, New Jersey – Board Certified Criminal Trial Attorney

For a combined 25 years, the criminal defense attorneys of Clark & Clark were both prosecutors. Their knowledge of the system and experience means that they can give you an immediate and accurate answer regarding the penalties you are facing, your best legal defense to the charge, how to respond to the police or the prosecutor’s office and, most importantly, exactly what you need to do next.

Charles F. Clark Jr.	Susan Schroeder Clark
Phone: (732) 303-7857 E-mail: Charles F. Clark Attorney Profile	Phone: (732) 303-7857 E-mail: Susan Schroeder Clark Attorney Profile

Free Consultation

You owe it to yourself to call our firm today for a free consultation, toll free, at 732-303-7857. All of our clients can reach us 24 hours a day, 7 days a week via our office or cell phones. You will be in direct contact with your attorney who will remain available to answer any questions that you may have and provide any necessary counsel until your case is successfully resolved. The criminal defense attorneys at Clark & Clark, LLC have spent their entire careers in the court room and will give you the peace of mind and confidence that you need while we successfully defend your case.

Contact the Vehicular Manslaughter Criminal Defense Trial Lawyers of Clark & Clark, LLC in Freehold, New Jersey, to discuss your matter in a free consultation with one of our NJ criminal defense attorneys today.

Back to Top