Vehicular Manslaughter | The Law Offices of Michael E. Cindrich, APC

Being involved in the accidental killing of another person is traumatic. Unfortunately, when someone dies in a traffic accident, law enforcement begins looking for someone to blame. If you are involved in an accident and that accident resulted in the death of another person, you will almost certainly find yourself in the middle of a manslaughter investigation. And if you are at all considered to be at fault, that investigation will certainly turn into charges.

San Diego Attorney for Vehicular Manslaughter

If you have been charged with vehicular manslaughter, or have simply been involved in an accident that resulted in someone’s death, you need to contact an experienced defense attorney immediately. Handling the trauma of witnessing someone’s death while being falsely accused of manslaughter is difficult for anyone.

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of criminal charges for decades and is ready to build your vehicular manslaughter case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, and San Diego proper.

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.

What are the specific laws on Vehicular Manslaughter in California?

California Penal Code Section 192(c) governs vehicular manslaughter cases. The law identifies three scenarios under which vehicular manslaughter can occur:

Gross Negligence: Penal Code Section 192(c)(1) applies when the defendant’s actions are so reckless that they create a high risk of death or great bodily harm. This might involve excessive speeding or deliberate disregard of traffic laws. Prosecutors and juries may interpret “gross negligence” differently, making it possible for someone to face criminal liability for what they consider an ordinary mistake. For example, texting while driving or failing to observe proper speed limits under specific conditions could be seen as grossly negligent if it leads to a fatal accident.
Ordinary Negligence: Penal Code Section 192(c)(2) applies to situations where the defendant’s conduct may not be reckless but still falls below the standard of care expected of a reasonable person. Examples include failing to yield or not adjusting speed during inclement weather.

Key Elements in a Vehicular Manslaughter Case

Under California Penal Code Section 192(c), a jury must evaluate several specific elements to determine guilt in a vehicular manslaughter case:

The Act Itself: The defendant must have been driving a vehicle when the incident occurred.
The Nature of the Act: The jury must assess whether the defendant committed a misdemeanor, infraction, or lawful act performed in an unlawful manner. The type of act plays a crucial role in determining the level of negligence.
Level of Negligence: The jury considers whether there was ordinary negligence (a failure to exercise reasonable care) or gross negligence (reckless behavior) involved.
Causation: The prosecution must prove that the defendant’s actions directly caused the victim’s death. This can involve questions about whether the death was a “natural and probable consequence” of the defendant’s conduct.
Circumstantial Factors: The jury considers additional factors like weather and road conditions when determining manslaughter cases.

Penalties for Vehicular Manslaughter in California

Gross negligence, prosecuted as a felony under Penal Code Section 192(c)(1), can result in a prison sentence of:

Up to six years in Prison
Up to $10,000 in fines
And Civil liability for the victim’s family.

Ordinary negligence, which is classified as a misdemeanor under Penal Code Section 192(c)(2), may lead to:

Up to one year in county jail
Fines of up to $1,000

Further enhancements can apply if the defendant fled the scene, as stipulated under Vehicle Code Section 20001(c). This enhancement can add an additional five years to a prison sentence, even if the underlying charge is a misdemeanor.

What are defenses to Vehicular Manslaughter charges in California?

The defendant acted reasonably in an emergency

When faced with a sudden emergency, such as a child running into traffic or a vehicle abruptly stopping, the defendant’s actions may not constitute negligence. Under California law, individuals are not held liable for accidents if their actions were reasonable in response to an unforeseen emergency.

A mechanical defect caused the accident

If a mechanical failure, such as brake malfunction or tire blowout, led to the fatal collision, the defendant may not be criminally liable. Proving a mechanical defect requires expert analysis of the vehicle and documentation, shifting blame away from the driver.

Environmental or third-party factors were the cause

The prosecution must prove that the defendant’s actions were the direct cause of the fatality. Hazardous road conditions, poor weather, or another driver’s negligence, can be considered excusable factors.

Vehicular Manslaughter FAQ

Can I face charges if the accident wasn’t my fault?
If another party caused the accident or environmental factors played a role, you may not be criminally liable. However, your actions must demonstrate an intent to handle the environmental factors.

Is probation available for vehicular manslaughter?
Probation may be granted in misdemeanor cases but is restricted for felony offenses involving gross negligence.

How does fleeing the scene impact my case?
Fleeing can result in a sentencing enhancement under Vehicle Code Section 20001(c), adding up to five years in prison.

Will I lose my license if convicted?
Yes, a conviction typically results in a suspension or revocation of your driver’s license by the DMV.

Can I be sued for wrongful death in civil court?
Yes, the victim’s family may file a civil lawsuit, regardless of the criminal case outcome.

How is “proximate cause” different from negligence?
Proximate cause refers to whether the defendant’s actions directly resulted in the fatality, while negligence focuses on the defendant’s carelessness.

Additional Resources

California Penal Code Section 192(c): Vehicular Manslaughter
This official source provides detailed information about California Penal Code Section 192(c), which governs vehicular manslaughter. The statute explains the distinctions between gross negligence, ordinary negligence, and lawful acts performed in an unlawful manner, and it outlines specific penalties and considerations for each category of the offense.

California Drivers Kill Thousands Each Year, But Murder Charges Are Rare
This article by the Los Angeles Times examines why most fatal traffic collisions in California result in manslaughter charges rather than murder charges. It explains how implied malice can factor into prosecutions, and it highlights disparities in how cases are charged based on evidence, political pressure, and media attention.

California Traffic Safety Quick Stats
Published by the California Office of Traffic Safety, this resource provides key statistics on traffic fatalities, impaired driving, motorcycle safety, and pedestrian and bicycle fatalities in California. It includes data trends, such as changes in fatalities over recent years, and uses official state data sources to highlight critical areas of traffic safety concern.

California Office of Traffic Safety Overview
This website from the California Office of Traffic Safety offers resources and information about traffic safety initiatives, programs, and data across the state. Visitors can explore topics like grants, publications, and key statistics on issues such as impaired driving, occupant protection, and pedestrian safety.

Hire an Attorney for Vehicular Manslaughter

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.