Legal Question in Traffic Law in California

Will my brother have to go to prison if a death occured during a traffic acciden

Hi, my brother drives a big rig for a living. He was involved in a horrific accident. He saw a car cut off a vehicle 3 - 4 cars in front of him; he tried slamming on his breaks, but it was too late and there was no time to stop. He slammed into the vehicle in front of him, he drove off onto the shoulder to avoid hitting more cars and came to a stop. He found out that one of the passengers of the vehicle he hit was tragically killed. I would like to know if there is a chance he will go to prison??

Thank you.


Asked on 10/17/01, 4:30 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Will my brother have to go to prison if a death occured during a traffic acc

Not under those circumstances

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Answered on 11/23/01, 1:28 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Will my brother have to go to prison if a death occured during a traffic acc

Thanks for your posting, and apologies for the length of time it took for you to get a response.

I hate to give you bad news, but to answer is there a CHANCE that your brother may go to prison? The answer is: Yes.

That doesn't guarantee that he will. Police will normally investigate and see if this was truly an accident, or if your brother had some contributing factor (driving while intoxicated, tired, not watching traffic, etc.) that might make the case a negligent manslaughter case. I don't know the facts surrounding this unfortunate accident, so your guess is likely better than mine here.

I hope this helps, and if you need legal representation, or have further questions, please feel free to call me anytime, toll free, at 1-877-568-2977, or email my office.

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Answered on 11/23/01, 4:04 pm


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