Can Homicide Charges Be Filed Over a Fatal Accident

My question involves criminal law for the state of: Florida

My minor child was driving a motorcycle home. My child had a green light when they approached an intersection. Another vehicle traveling in the opposite direction had a green light also but decided to make a left-hand turn right into my child's path causing them to hit, run over, and kill my child. An eye witness of the accident stated the 2 drivers did not seem to be speeding, and the investigator chose not to have a toxicology test done on the other driver because "they didn't smell like alcohol". Even though the other driver was found to be the at-fault driver, they are only being charged with Failing to Yield to the Right of Way.

My child lost their life as a result of someone committing an unlawful act. Can the at-fault driver be charged with Vehicular Homicide or Involuntary Manslaughter?

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Quoting JusticeForHer

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My child lost their life as a result of someone committing an unlawful act. Can the at-fault driver be charged with Vehicular Homicide or Involuntary Manslaughter?

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We don't have all the facts that the prosecutor has to know what the appropriate charges, if any, should be. It is up to the prosecutor to decide on the charges to pursue. Bear in mind that it is possible that, tragic as this accident is, that the other driver did not commit a serious crime. Sometimes accidents are just accidents, and not a major crime. You can discuss the matter with the prosecutor if you wish and see if you might persuade him/her that more serious charges are appropriate.

And of course, you have no RIGHT to have someone prosecuted even if they did commit a crime. A crime is not VICTIM v. PERPETRATOR. It is society as a whole that is harmed by criminal activity and the state prosecutes on behalf of them. Understand, that to arrest someone or even to request an alcohol test, requires probable cause. Just because there was an accident doesn't itself rise to this. If the officer didn't detect odor of alcohol or other signs of intoxication. legally they can't compel a test.

It takes more than an "unlawful act" to qualify as vehicular homicide. It takes operation in a reckless manner. A low speed turning accident while "at fault" probably doesn't rise to the level of "reckless." Similarly the manslaughter charges need reckless or wanton behavior.

On the other hand, the criteria for a civil action is much lower both in elements required (negligence suffices) and burden of proof (preponderance of evidence rather than beyond a reasonable doubt). You may wish to consult an attorney about a civil case.

I just wanted to break in here and express my sympathies to the poster on the loss of their child.

I too as both a parent and motorcycle rider like to say how sorry I am to hear this.

I'd also like to point out there are law firms out there that specialize in civil actions exactly like this. The one I'm familiar with is a network of lawyers that are also riders.

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My child lost their life as a result of someone committing an unlawful act. Can the at-fault driver be charged with Vehicular Homicide or Involuntary Manslaughter?

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Possibly.

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Florida statutes

782.071 Vehicular homicide.—“Vehicular homicide” is the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.

782.07 (1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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But if the authorities decline to prosecute all you are left with is a wrongful death civil suit.

Consult one of those "attorneys that ride" if there are any in Florida. Otherwise, a personal injury attorney.

My condolences as well.

I'm positive there are some LAWyers that are TIGERS about this sort of thing in Florida.

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Quoting PayrolGuy

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I'm positive there are some LAWyers that are TIGERS about this sort of thing in Florida.

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This site needs a "like" button. :D

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Quoting PayrolGuy

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I'm positive there are some LAWyers that are TIGERS about this sort of thing in Florida.

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I don't understand the emphasis on "law" in lawyers. What is your point on that?

And just so the OP is clear, there are certainly lawyers who would be interested in pursuing a civil lawsuit for damages as a result of this accident, assuming that there would be sufficient damages to make the lawsuit worthwhile. There aren't any lawyers who can do much for you to get more serious criminal charges filed.

Section 782.071 of the Florida Statutes is titled "Vehicular homicide." It is defined as "the killing of a human being . . . caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another."

Section 782.07(1) of the Florida Statutes is titled "Manslaughter. . . ." It states, "The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter."

Based on those to statutes, I think that the other driver could be charged with either (although your description does not describe reckless conduct as required by section 782.071).

Keep in mind, by the way, that a significant criminal prosecution might not be in your best interests because it could negatively impact the other driver's ability to pay a civil judgment in excess of his insurance policy limits.

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Quoting Taxing Matters

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I don't understand the emphasis on "law" in lawyers. What is your point on that?

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Google the two emphasized words. You will understand.

Oh, for Pete's sake.

Here it is:

https://www.lawtigers.com/

:rolleyes:

Yep, those guys.

Very very sorry for the death of your child, prayers to all who are hurting.

As far as the legal aspect, to quote: "In American jurisprudence at least, a private citizen lacks a judicially cognizable interest in the prosecution or non prosecution of another."

"Prosecutorial discretion" is the doctrine/law that allows a Prosecutor/District Attorney, to decide if charges are filed or not.

Thank you to everyone's response.

What other facts would the prosecutor need to know for an involuntary manslaughter charge?

The investigator for this case won't send this to a prosecutor. I asked him the questions about a Vehicular Homicide or Involuntary Manslaughter charge, he only told me why he's not charging the other driver with Homicide and completely skipped over the question of Manslaughter. That's why I am here, on this site. To find out if this situation would qualify for anything other than a traffic citation. To see if anyone could be held responsible for my child's death.

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Quoting JusticeForHer

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Thank you to everyone's response.

What other facts would the prosecutor need to know for an involuntary manslaughter charge?

The investigator for this case won't send this to a prosecutor. I asked him the questions about a Vehicular Homicide or Involuntary Manslaughter charge, he only told me why he's not charging the other driver with Homicide and completely skipped over the question of Manslaughter. That's why I am here, on this site. To find out if this situation would qualify for anything other than a traffic citation. To see if anyone could be held responsible for my child's death.

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There is always the alternative of a civil wrongful death suit. If you cannot get the guy arrested you may be able to hit him hard in his wallet.

If you are looking for a statute or a case law or a regulation that you can invoke that will force the state to prosecute, there isn't one. Even if you are able to apply the facts and say, "Here! This meets the definition of Manslaughter", it is still up to the DA's office to decided whether to prosecute for it or not.

You get to decide whether to file a wrongful death suit. The DA's office gets to decide whether to criminally prosecute.

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Quoting JusticeForHer

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My question involves criminal law for the state of: Florida

My minor child was driving a motorcycle home. My child had a green light when they approached an intersection. Another vehicle traveling in the opposite direction had a green light also but decided to make a left-hand turn right into my child's path causing them to hit, run over, and kill my child. An eye witness of the accident stated the 2 drivers did not seem to be speeding, and the investigator chose not to have a toxicology test done on the other driver because "they didn't smell like alcohol". Even though the other driver was found to be the at-fault driver, they are only being charged with Failing to Yield to the Right of Way.

My child lost their life as a result of someone committing an unlawful act. Can the at-fault driver be charged with Vehicular Homicide or Involuntary Manslaughter?

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My sincere condolences over your loss. I know that no mere words can possibly make up for such a loss.

Just thought I'd add a couple of cents to the discussion in way of an explanation. You mention that no toxicology was done because there was no odor of alcohol. Likely there was also no indication of impairment. Absent impairment such that an arrest based upon probable cause could be justified, no chemical test can be mandated. An at-fault party in a collision - even fatal - cannot generally be compelled to take a chemical test. There are some exceptions for commercial drivers in most if not all states, but not for private parties.

And as was mentioned, while it is theoretically possible for manslaughter charges to be filed in this instance, it has been my experience that few DAs will file such charges absent some egregious action in conjunction with the unlawful act. If you have not done so already, perhaps you can communicate with the prosecutor's office and find out whether they have made a decision for such charges. If this was an inc ident that happened only recently, it could well be that no report has been forwarded to the state's attorney just yet so no evaluation has yet been made.

Again, so very sorry for your loss.

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Quoting JusticeForHer

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he only told me why he's not charging the other driver with Homicide and completely skipped over the question of Manslaughter.

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"Homicide" is generally defined as the unlawful killing of another human. "Homicide" is the general category into which crimes like murder and manslaughter fall. If he said he's not going to charge the other driver with homicide, that means vehicular homicide, involuntary manslaughter or anything else.

We have no way of knowing what might persuade the prosecutor to file charges despite the police not referring the matter. You can contact the prosecutor's office and ask for a meeting to discuss.

There are support groups for parents that have lost children. Do you have any in your area ? Losing a child is a life altering experience. I understand your anger. But anger is like a cancer. It will eat you alive. Please either find a support group or get in counseling. Turn your anger and pain into something positive. Do it in memory of your child. Be kind to yourself.