Charged with Criminally Negligent Homicide

[kennyray]

My question involves an injury that occurred in the state of: texas
My friend was recently charged with criminally negligent homicide in auto accident when she struck a pedestrian while making a left turn at an intersection, she had the green light. The accident report claims that the pedestrian was crossing in crosswalk when hit but she was not because me nor my friend did not see her untill she was hit about 10-15' outside of crosswalk. The push button device for the crosswalk was located 16' from north of the crosswalk and we believe that is where she tried to cross. Further more, the walk & don't walk lights were not working at the time anyway. There is no curb ramp leading to crosswalk or from the walk & don't walk lights, it is a very mis leading cross walk design. How can we prove that she was no at fault?

[mmmagique]

Your friend needs a very good attorney.
This is not the time to say she can't afford one.
She can't afford NOT to have one.

~Christina

[Litigator]

Criminal negligence is a higher standard than civil negligence and unless she was speeding or perhaps intoxicated it appears it would be tough to show criminal negligence. I would not normally expect this type of charge on a crosswalk incident although a civil suit would be expected.

Your friend does not have to prove anything--the State has the burden of proof.

[Betty3]

Your friend does need to get an attorney if she has not already done so.