When a reckless driver causes the death of someone else, they can face civil liability in addition to criminal charges, such as vehicular manslaughter.
Not every serious accident that causes a fatality will leave the at-fault party with criminal liability. The decision to file criminal charges against a driver in a fatal auto accident rests with the local district attorney.
This government employee will assess a variety of factors to determine whether a driver was “criminally culpable” in causing the death. District attorneys will often consider whether:The accident resulted from driving under the influence of drugs or alcohol. Driving while impaired by drugs or alcohol is illegal in Pennsylvania. A fatal drunk driving accident frequently leads to criminal charges against the driver.
The driver was reckless, aggressive, or violated traffic laws. Everyone who gets behind the wheel of a vehicle has a legal duty to follow traffic laws and drive with a reasonable standard of care. When an auto accident causes the death of another person because of gross negligence, the negligent driver will often face criminal prosecution with charges such as homicide by vehicle. Other examples of negligence include hit-and-run, speeding, texting while driving, and “road rage.”Whether factors out of the driver’s control played a role in causing the accident. Criminal charges are less likely to result from a fatal accident if the accident happened due to something out of a driver’s control, For example, poor road conditions, unpredictable mechanical failure, or an “Act of God” will be taken into account when deciding to charge someone with crime for killing another person in a car accident in Pennsylvania.
Criminal charges against an at-fault driver can have a complex emotional impact on the family of the decedent.
While it may offer a sense of justice or closure, it doesn’t necessarily alleviate the emotional pain or fill the void left by the loss of a loved one.
In addition, the outcome of criminal proceedings can be uncertain, and the process can be lengthy and emotionally draining for the family involved.
If you’re not injured and the accident was minor, carefully drive your car to the side of the road, so it doesn’t impede traffic. Keep your hazard lights on, and set up flares or reflective emergency triangles to alert other drivers to slow down and change lanes to respect the Move Over law, which helps ensure the safety of passengers and first responders at the side of the road. If the crash is more severe or someone is hurt, leave the vehicles where they are.
Even if you don’t think you’ve been injured, be extra careful when getting out of your car, especially if the accident took place on a highway or busy street. You may not be thinking logically, which could put you in danger.
Although it’s important to report the accident, police in some areas may not respond to a minor collision if there are no injuries, Luna says.
A recent study from the Police Executive Research Forum revealed that many police departments are losing officers to retirement and resignations faster than they can hire new ones. In many regions, the shortage of police officers might mean fewer are available to respond to minor car accidents.
“Some police departmets are transitioning to online reporting versus dedicating resources to the scene of the accident,” Luna says.
If apolice officer arrives, note the officer’s name, badge number and contact information. Be sure to get a copy of the accident report from the officer. If the police do not come, you can request a copy of the report from the law enforcement office or through the insurance adjuster handling your claim.
According to the Insurance Information Institute, you can also file an incident report at the nearest police department or on its website. It’s a good idea to get an official report in case you’re sued by the other driver for damages or injuries, or if your vehicle is later found to have sustained more damage
Use your cellphone camera to take pictures of documents or, with pen and paper, get the name, address, phone number and driver’s license number of everyone involved in the accident. If the driver’s name doesn’t match up with the car’s registration or insurance papers, determine the person’s relationship to the vehicle’s owner.
Then, gather all vehicle information including year, make and model, color, license plate number and vehicle identification number. Get the insurance policy number and the company’s phone number, in case the other person doesn’t report the accident, Luna suggests. See if any witnesses are willing to provide you with contact information and details about what they saw
Never share your Social Security number, the coverage limits on your insurance policy or other personal information.
Record as much detail about the accident as possible using your smartphone’s camera, video and voice memo features, Luna advises.
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