Legal Question in Criminal Law in Tennessee

Vehicular Homicide? Manslaughter? Or just an accident?

A close friend of mine was recently in an accident where she ran a red light and hit another vehicle. The man driving the other car was 71 years old and after several days in critical care, passed away.

My friend was not intoxicated, was not speeding�.from what I understand, she wasn�t even on her cell phone at the time. We do not know how she missed the light change. To my knowledge, she has never had an accident or any other driving infractions.

To the point�.the local paper ran an article on the accident and then a second article on the death. This paper has an online format which folks can log on and comment on what is written. Apparently, there are some folks, including the deceased�s family, calling for charges of manslaughter, max penalties, the works.

While I am deeply saddened for this family�s loss and our hearts do go out to them, I have to ask; is manslaughter, vehicular homicide, jail terms and throwing the book at this woman really necessary? I understand the family wanting �justice�, but in the end, isn�t this just an accident? Albeit a horrible accident, but an accident just the same?

What is the reality here?

Sincerely�..

CL


Asked on 7/10/07, 2:00 am

2 Answers from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: Vehicular Homicide? Manslaughter? Or just an accident?

You seem to be asking philosophical questions more than legal questions, but remember that what folks post on a website do not determine what a District Attorney does (in deciding whether to charge or what to charge, if anything), nor what a jury does (in determining whether a defendant is guilty), nor what a judge does (in sentencing).

For the moment, however, your friend would be well-advised to at least talk with a criminal lawyer about the situation, and to make sure she does not speak with ANYONE else (including YOU) about what happened, PARTICULARLY not anyone with the District Attorney's office, or with the police or Sheriff's Office, or any claims adjuster with an insurance company.

Read more
Answered on 7/12/07, 8:14 am
KJW Firm PLC

Re: Vehicular Homicide? Manslaughter? Or just an accident?

Manslaughter must be intentional but it could be considered vehicular homicide if a jury found that through her actions she created a substantial risk of death or serious bodily injury.

Read more
Answered on 7/10/07, 9:35 am


Related Questions & Answers

More Criminal Law questions and answers in Tennessee