I have an argument with a friend:
If a person who is following all traffic laws hits a pedestrian, and the pedestrian dies, is it Vehicular Manslaughter?
This would be in Flint, Michigan, but I would like to hear answers from around the US.
I have an argument with a friend:
If a person who is following all traffic laws hits a pedestrian, and the pedestrian dies, is it Vehicular Manslaughter?
This would be in Flint, Michigan, but I would like to hear answers from around the US.
I would say that the general answer to your question is no--that is proof of a violation of a traffic law is not a prerequisite for a conviction of a vehicular homicide type charge because proof of violation of a traffic law would not be one of the elements of the homicide offense. Having said that, I think realistically speaking individuals who are charged with vehicular homicide often have violated one or more traffic laws in commission of the homicide such as reckless driving, driving while intoxicated, speeding, driving too fast for conditions, etc. You also have to remember that sometimes they will be charged only with the homicide and not with the comparatively minor traffic violations even though these could be charged as well.
Very recently, here in CA, a motorist hit a pedestrian after following all traffic rules. The motorist was not speeding, the pedestrian was in the cross walk (the motorist was blinded for a split second by the sun) and the pedestrian died. She was not charged.