CAN DRIVER BE CHARGED WITH MURDER FOR CAR ACCIDENT DEATH?

Reckless driving is a serious and dangerous problem. Our car accident lawyers handle many tragic cases involving drunk drivers, road rage, excessive speeding, and more. Is there a point at which a fatal car crash is treated as murder rather than an accident even though the driver did not intend to kill anyone? The answer is yes. In fact, over the last few years, law enforcement has been charging murder more frequently for fatal car accidents.

Over the last few years, our lawyers have been involved in several cases where the other driver was charged with murder. Of course, some cases really are an accident. Even a distracted driving crash will usually not rise to the level of a murder charge. But when someone decides to drive drunk or race on the highway at 100 miles per hour, they are making a decision to put other peoples’ live in danger.

They may not have intended to kill the victim, but they have clearly indicated they don’t care if they kill someone. In other words, it may not be first degree intentional murder, but it is still a degree of murder. Interestingly, the Minneapolis Star Tribune did a front page article on this over the summer.

PROSECUTOR DECIDES WHETHER TO CHARGE DRIVER WITH MURDER

The prosecutor in these cases has to choose between charging criminal vehicular homicide and third degree murder. The vehicular homicide charge can result in a maximum sentance of 10 years. The third degree murder charge can result in a maximum sentence of 25 years. However, the third degree murder charge is more difficult to prove. It is really a fine line between the two charges, but the murder charge looks more carefully at the state of mind of the driver. Was he aware of the danger he was creating and indifferent to the possible loss of life? It can be hard to prove what someone was thinking, but it can sometimes be inferred from the circumstances.

FATAL CAR ACCIDENT LAWYERS