I just rear-ended a motorcyclist, after he breaked unexpectedly, no turn signal, nothing. could I be charged with vehicular manslaughter if he dies?
2006-09-24 15:30:54 · 4 answers · asked by La Tia Rini 2 in Politics & Government ➔ Law Enforcement & Police
While you are at fault for the violation "Fail to control speed", it is highly unlikely that you would be charged with anything more serious unless there are some factors you have left out such as alcohol, drugs, or driving at a very unreasonable speed when you hit the motorcycle. And just so you know, there is no longer a vehicular manslaughter charge. It would fall under regular manslaughter or intoxication manslaughter (if alcohol were involved) or criminally negligent homicide.
2006-09-24 18:19:40 · answer #1 · answered by jkc6229 3 · 1⤊ 0⤋
Texas rules are clear and cut on rear end accidents. If you rear end a car your at fault. Only if they pulled out in front of you and you hit them. But as far as manslaughter goes. Only if drugs or drunk driving is involved. But it's up to the dps trooper or officer to which charges are filed. Best thing to do is have all witness information. So if you have to go to court. You can request those witness appear.
2006-09-24 15:36:21 · answer #2 · answered by andy3191 7 · 0⤊ 0⤋
Yes, you could!
According to the TRC you have to keep a safe distance from the vehicles traveling in front of you. Furthermore you have to control speed so you can take evasive action if someone brakes. There is no excuse that the vehicle you collided with also broke the traffic laws.
TRC545.062
2006-09-24 15:42:47 · answer #3 · answered by pete 2 · 0⤊ 0⤋
I'd consult a lawyer but I think it's possible.
2006-09-24 15:35:29 · answer #4 · answered by C K Platypus 6 · 0⤊ 0⤋