Consequences Of Killing Someone In An Auto Accident

Can You Go to Jail for Killing Someone in a Car Accident?

The short answer is yes. Many people are sent to jail for killing someone in a car accident. But jail or prison is not always the result. In order to send someone to prison or jail for a traffic death, the state must make a case for vehicular manslaughter. 

Not all traffic deaths rise to the level of criminality to support such a charge. Under Nevada’s vehicular homicide statute, however, many do.

What Is Vehicular Manslaughter?

In Nevada, the crime of vehicular manslaughter occurs when a driver or someone in control of a vehicle causes the death of another through simple negligence, either by act or omission. 

Simple negligence is a low bar for criminality. It applies to most basic traffic violations, such as:

• Failing to yield
• Running a stoplight or stop sign
• Speeding
• Driving while distracted
• Changing lanes improperly
• Following too closely

For more serious cases, such as those involving alcohol, reckless behavior, or malice, there are other serious homicide charges. 

How Many Years Do You Get for Vehicular Manslaughter?

Vehicular manslaughter in Nevada is not typically considered a serious crime. It is listed and prosecuted as a misdemeanor. When the state successfully proves the elements of negligence and obtains a conviction, the following penalties may apply:

• Up to 6 months in jail, not prison
• Up to $1,000 in fines
• One-year driver’s license suspension

In some cases, community service may be an alternative to paying the associated fines. 

Keep in mind that a conviction can also lead to significant collateral consequences that can negatively impact your life, including problems with:

• Finding or keeping a job
• Professional licensing
• Schooling

Fortunately, misdemeanors can be sealed in the state of Nevada, although expungement is not an option. One year after an accidental vehicular manslaughter case ends, the defendant can seek to have the record sealed.

Can You Be Sued for Killing Someone in a Car Accident?

Killing someone in a car accident can lead to a wrongful death lawsuit. The decedent’s heirs or their personal representative — executor of their estate — may file a wrongful death lawsuit seeking various damages, including:

• Reasonable costs and expenses for funeral and burial services
• Medical expenses of the decedent
• Lost wages of the deceased
• Loss of companionship and care
• Grief of the survivors
• Pain and suffering of the deceased before dying

You can also be sued for punitive damages, which seek to punish especially bad behavior, such as gross negligence or wilful actions. For example, willfully drinking alcohol and becoming inebriated before driving could lead to punitive damages in a car accident, resulting in death.

What To Do After a Fatal Car Accident

If you have killed someone in a car accident, it is important not to panic. Instead, following the law to the letter and taking certain steps can help minimize the repercussions.

Put Safety First

After a crash, danger may still be present, especially if there are wrecked autos on the road. Move to the safest place you can find to avoid further harm when possible.

Contact the Police and First Responders

When you experience a car crash in Nevada, you must contact the police to make a report if there is a death. After car accidents or any other vehicular collisions, first responders may also be needed to help save the lives of other victims. 

Watch What You Say

Your rights and freedoms are on the line after a fatal car accident. Although you should contact the police, it is important to watch what you say. Any statement you make will become evidence in both your criminal and civil cases. 

Gather Evidence

Take photos and video footage, and talk to witnesses. Fresh witness testimony can go a long way in your case, especially if the victim played a role in their own death. Take care to record the names, email addresses, and phone numbers of all witnesses spoken to.

Meet With a Lawyer

Ultimately, an experienced attorney can provide you with the necessary legal protection. They can find the appropriate defenses and strategies to give you your best chance of achieving a favorable result.

Protecting Your Future

If someone has died as a result of your actions in traffic, take steps to protect your future. You could be facing serious criminal and civil penalties, as well as collateral repercussions that can wreak havoc on your life. Obtaining competent counsel is of utmost importance to protect your future.