Vehicular Manslaughter & Homicide: Law, Sentencing and Penalties

 Every year in Canada a huge number of deaths happen due to vehicular manslaughter. Vehicular accidents are so horrifying that being responsible for injuring or killing someone while driving is any driver’s worst nightmare.

Are you looking for the best vehicular homicide and manslaughter lawyer in Brampton to fight your legal battle? Vehicular manslaughter is a criminal charge that involves the death of someone besides the driver. The driver can be charged with criminally negligent driving or unintentional vehicular manslaughter.

In this post, we discuss the definition of vehicular manslaughter, the different provisions that result in this charge, and the attached penalties.

What Is Vehicular Manslaughter? (Brief Description)

A homicide is considered manslaughter when there is no plan, motivation, or intention to kill a person or group of people. Even so, manslaughter is almost as dangerous as murder. An accident is almost always unexpected and unintentional but can be considered manslaughter when the driver is driving illegally, recklessly, or under the influence of alcohol or prescribed drugs. As a result, drivers who unintentionally kill someone (passengers, pedestrians, or occupants of other cars) because of their reckless and negligent driving can be charged with vehicular manslaughter.

Driving Provisions that Result in Vehicular Manslaughter

The following are the typical types of driving that may result in vehicular manslaughter charges.

1. Negligent Driving

As the term suggests, the driver’s carelessness led to death. Negligent driving generally means a lack of attention while behind the wheel. For example, let’s say a driver glances away from the road to do something quickly, like turning on the radio. They can be charged with vehicular manslaughter if their inattention resulted in a fatal accident.

 2. Criminal Negligence

Criminal negligence is when a person disregards an obvious risk or the life and safety of other people around them.

 This situation violates a safety statute and is considered more grievous than simple negligence. For example, if someone with high blood alcohol level speeds up the vehicle, they may not follow traffic lights and fail to apply their brakes, resulting in someone’s death. This is a case of criminal negligence, where the driver is reckless and careless, with no regard for others.

 3. Driving While Intoxicated

Crashes involving alcohol or drugs are the leading causes of vehicular manslaughter. In this case, intoxication can be easily proven by eyewitness testimony, self-incriminating statements, and chemical evidence, including blood, breath, or urine tests.

 If someone is driving under the influence of prescribed drugs and causes any accident that leads to death, they may also be charged with vehicular manslaughter.