Accidents and Vehicular Manslaughter: The Worst-Case Scenario

There are no good traffic accidents, but the degree to which an auto accident will impact your life can vary based on the severity of the crash and your culpability. The worst-case scenario is being involved in a serious crash that results in the death of another driver, passenger or pedestrian. In these scenarios, the at-fault driver can face much more serious consequences than a traffic ticket and higher insurance premiums—they may face vehicular manslaughter charges. 

Not all auto accident deaths are treated the same way. Whether a driver was behaving recklessly when the accident occurred may play a significant role in the charges, if any, that they face.

What Is Vehicular Manslaughter?

In Arizona, vehicular manslaughter refers to causing another person's death while driving under circumstances that demonstrate recklessness or criminal negligence. This is typically charged under ARS 13-1103 (manslaughter) or other related statutes depending on the specific circumstances.

Common Scenarios Leading to Vehicular Manslaughter Charges

Driving Under the Influence (DUI)

Operating a vehicle while impaired by alcohol or drugs is a serious offense on its own, often resulting in charges like DUI or aggravated DUI. If a fatality occurs while driving under the influence, the charges can escalate to vehicular manslaughter, or second-degree murder in cases of extreme recklessness. Arizona law takes DUI-related fatalities very seriously, and the penalties reflect the gravity of these situations.

Excessive Speeding or Street Racing

Driving well above the speed limit or engaging in illegal races often results in accidents. It is not uncommon for these types of accidents to have particularly devastating consequences for other drivers on the road or nearby pedestrians.

Reckless Driving

Actions such as weaving through traffic, running red lights or other forms of aggressive driving may be categorized as reckless under Arizona law. If you cause or contribute to a fatal accident while driving recklessly, you may face manslaughter charges.

Distracted Driving

Using a cell phone, eating or engaging in other distractions that lead to a fatal accident may constitute negligence. Although these behaviors aren’t malicious and may not seem as serious as reckless driving or drunk driving, they can still lead to deaths and severe legal consequences.

The Legal Standard in Car Crashes

• Recklessness: A conscious disregard of a substantial and unjustifiable risk, such as speeding through a crowded intersection.
  
  
• Criminal Negligence: Failing to recognize a substantial risk that a reasonable person would have identified, such as texting while driving.

Penalties for Vehicular Manslaughter in Arizona

Vehicular manslaughter is a class 2 felony, one of the most severe classifications under Arizona law. If convicted, penalties may include:

• Prison Time: Sentences typically range from three to 12.5 years for first-time offenders, with significantly longer terms possible if aggravating factors, prior convictions or a dangerous offense designation are present.
  
  
• Fines and Restitution: Defendants may be ordered to pay fines, court costs and restitution to the victim’s family. At-fault drivers may also face separate civil lawsuits, where surviving family members can seek additional compensation, including punitive damages in cases of egregious conduct.
  
  
• Driver’s License Revocation: A conviction often leads to a long-term or permanent loss of driving privileges.
  
  
• Criminal Record: A felony conviction has lifelong consequences, including difficulty finding employment, housing or securing professional licenses.

If the case involves DUI or multiple fatalities, penalties can increase significantly, including consecutive sentences for each victim.

What About Less Severe Traffic Violations?

Not all traffic-related fatalities result in felony charges. Under ARS 28-672, a driver who causes a fatal crash without driving recklessly may face class 1 misdemeanor charges. Although less severe than vehicular manslaughter, penalties can still include jail time, fines and license suspension.

Defending Against Vehicular Manslaughter Charges

Being accused of vehicular manslaughter doesn’t mean you are automatically guilty. There are several defenses your attorney can use to fight the charges or reduce their severity:

Lack of Recklessness or Negligence

If the fatality was truly accidental and no reckless or negligent behavior can be proven, the charges may not stand.

Causation Issues

Your attorney may argue that external factors (e.g., another driver’s actions, poor road conditions or mechanical failure) were the primary cause of the accident, not your driving.

Improper Evidence Handling

Breathalyzer tests, field sobriety tests or other evidence used to establish impairment may have been improperly administered or handled, leading to their exclusion.

Emergency Situations

If the defendant was responding to an emergency (e.g., rushing someone to the hospital) and acted out of necessity, this might mitigate the charges.

Speaking With an Attorney as Soon as Possible After a Fatal Accident May Be in Your Best Interest

Drivers who are found to be at fault in an accident that resulted in another person’s death can face both serious criminal charges and significant civil liability. An experienced defense attorney can investigate your situation and advocate for you.

Phoenix criminal defense attorney Michael Alarid III is Board-Certified in DUI Defense through the National College for DUI Defense (NCDD) and an Arizona Board-Certified Specialist in Criminal Law by the Arizona State Bar. Schedule a free case evaluation by calling (602) 818-3110.