If your careless or reckless driving leads to the death of another person, you could be charged with vehicular manslaughter in Nashville, Tennessee. Remember, a vehicular manslaughter charge can completely change your life. Why? You could be facing hefty fines and fees, probation, and jail time. You can even lose your driving privileges.
So, if you or a family member is facing vehicular manslaughter charges in Nashville, you need to understand what constitutes vehicular manslaughter. In this blog post, we will help you know what is vehicular manslaughter, the legal consequences of vehicular manslaughter, and the defenses against vehicular manslaughter.
Definition of Vehicular Manslaughter
Vehicular manslaughter is a serious crime that arises when a driver’s negligent or unlawful actions in the operation of a motor vehicle result in the death of another person. A prosecutor will, therefore, need to show that the driver caused the death of another person through their negligent or unlawful operation of a motor vehicle.
Types of Vehicular Manslaughter
If you cause an accident and someone dies, you can be charged with vehicular manslaughter in Nashville. As mentioned above, a prosecutor must show that you killed someone because of your reckless actions behind the wheel. So, here are the types of vehicular manslaughter you can be charged with:
Involuntary Manslaughter
A driver can be charged with involuntary manslaughter if their reckless or negligent behavior leads to the death of another person. For example, disregarding road signs, excessive speeding, drunk or impaired driving, distracted driving, and running a traffic light can lead to an involuntary manslaughter charge.
Gross Negligence
Gross negligence in vehicular manslaughter occurs when a driver’s actions show a reckless disregard for the safety of the other road users. For instance, speeding through an area with a lot of pedestrian traffic and driving under the influence of alcohol or drugs can be considered gross negligence.
DUI Manslaughter
It is illegal to drive under the influence of anything from alcohol to drugs under Tennessee law. Why? Driving under the influence can lead to fatalities, resulting in vehicular manslaughter charges. A conviction can lead to court fines, license revocation, or even significant incarceration time.
Legal Consequences of Vehicular Manslaughter
A vehicular manslaughter charge can result in long-term consequences in Nashville. Unfortunately, the legal consequences can impact your ability to find employment and housing. You could also be facing license revocation and prison time. Do not wait to hire an experienced and knowledgeable criminal defense attorney to handle your case.
Here are the legal consequences of vehicular manslaughter:
Criminal Penalties
A conviction for vehicular manslaughter can lead to severe criminal penalties, including fines, probation, license suspension, and even imprisonment. However, the potential sentence will depend on various factors, such as prior criminal record and the gravity of the offense. That is why consequences are severe for repeat offenders.
Civil Liability
A vehicular manslaughter can lead to civil liability. Remember, drivers could be found civilly liable for the wrongful deaths resulting from an accident they cause. Therefore, the responsible driver could face civil lawsuits related to pain and suffering, medical bills, funeral expenses, lost wages, and even property damage.
Impact on Driving Privileges
A vehicular manslaughter conviction can also lead to license suspension or revocation. When a license is suspended or revoked, it means the state has taken away the driver’s driving privileges. However, if the driver drives while their license is suspended or revoked, they could be charged with a misdemeanor.
A conviction for vehicular manslaughter might come with fines, jail time, license suspension, and even civil lawsuits. These serious legal consequences can cause problems in many areas of your life, including insurance, school, or work. That is why you need to hire a skilled attorney who knows how to handle vehicular manslaughter charges.
Factors That Influence Charges and Sentencing
If you are charged and convicted, the court will decide on your punishment. Your criminal sentence could include hefty fines, jail time, license revocation, and more, depending on your charges. The court considers several factors to determine the criminal sentence.
The following are the factors that influence charges and sentencing:
Aggravating Factors
There are several aggravating factors that could influence your charges and sentencing. Unfortunately, some of these aggravating factors can result in harsher penalties. For example, substance abuse, prior criminal history, and fleeing the accident scene can lead to harsher penalties.
Mitigating Factors
Your charges could be reduced or you can get a lighter sentence due to mitigating factors. You can, therefore, argue your punishment should be reduced due to mitigating factors. These mitigating factors can include; a good family life, positive community involvement, and lack of prior criminal history.
Role of Intent
The presence or absence of intent can influence the severity of your charges and sentencing. The prosecution will need to show that you acted with the knowledge that your actions would result in death. Your lawyer can argue lack of intent, especially if you did not purposely engage in an action that led to the death.
Common Defenses Against Vehicular Manslaughter Charges
Hiring a good criminal defense attorney can use different defense strategies to challenge the prosecution’s evidence and assertions. Your lawyer can use these strategies to reduce or even eliminate your vehicular manslaughter charges. Here are some of the common defenses against vehicular manslaughter charges in Nashville:
Lack of Negligence or Recklessness
Your legal team can argue that you were not negligent or reckless. You will need to prove that you were driving responsibly. Unfortunately, the accident could not be avoided. If, for instance, you were driving in hazardous road conditions, your lawyer can argue that you could not have reasonably avoided the accident.
Mechanical Failure
A mechanical failure can be the sole cause of an accident. Therefore, if your accident was caused by a mechanical failure, you might not be held liable for the resulting fatalities. You will, however, need to provide evidence, such as vehicle inspection reports and maintenance records. Your lawyer can help you investigate mechanical failure.
Challenging Evidence
You can also challenge the prosecution’s evidence. How? Your criminal defense lawyer can review the testimony and question the accuracy of witness statements or forensic evidence. For example, if your vehicular manslaughter is linked to driving under the influence, your attorney can dispute the accuracy of chemical test results.
If you can successfully dispute the validity of chemical test results, you can weaken the prosecution’s case.
Proving Contributory Negligence
Tennessee is a modified comparative negligent state. So, if your criminal defense lawyer can prove that the victim’s actions contributed to the cause of the accident, your liability may be reduced. For instance, if the victim was engaged in risky behavior, such as jaywalking, your lawyer can argue that the victim’s negligence resulted in the accident.
Get Legal Help from a Seasoned Criminal Defense Attorney
If you or a family member is facing vehicular manslaughter charges in Nashville, TN, you need strong legal representation. Why? Vehicular manslaughter charges come with serious legal consequences, including prison time, hefty fines, and probation. The legal consequences can have a lasting impact on your life and your family’s lives.
Working with a seasoned criminal defense attorney can conduct a thorough investigation into your accident, prove fault, prevent you from damaging your case, provide legal guidance, protect your rights, and develop a strong defense strategy on your behalf.
Looking for the best criminal defense attorneys in Nashville, Tennessee? At Nash Law, we have years of experience defending against vehicular manslaughter charges in Nashville. We will guide you through the legal intricacies, protect your rights, and challenge the accusations effectively. We will work tirelessly to help you craft an effective defense strategy.
Call us today at 615-NASH-LAW to book your consultation with our criminal defense attorney.
