My husband was killed in a car acc, no drugs/alcohol involved, can the man be charged with his death?

Question

My husband died at the scene of the accident and the other driver had no insurance, failed to stop at a stop sign, and was driving on a revoked license. This was his 11th traffic violation in 2 years. Can he be charged with vehicular homicide and how do I push the issue so he doesn't kill someone else later. This young man has no regard for the law and that night had no regard for anyone's life. He never braked to try and stop before plowing into the drivers door of my husbands car and causing the passenger front axle to break and throw the car into a roll of over 100 yards before landing upside down with the drivers side door wedged against 2 power line poles. The people at the scene couldn't get to the car to see if anyone else was in it because it was in a culvert and my husband was ejected from his car to the pavement. I really want this young man to pay for his part in this. He broke laws that took my husband away from me and our son.

Answer 1

It really depends on your state's criminal law in this area. Every state has different statutes regarding vehicular/negligent homicide, and in some states it's simply manslaughter, so it's difficult to say without consulting your state's specific revised statutes.

Vehicular/Negligent homicide cases generally have to meet certain conditions, again, depending on your state's specific statutes. Usually you have to satisfy a condition that the other person acted with law-defined criminal negligence, was criminally reckless, or acted knowingly and intentionally, being aware of the potential to kill somebody. I have knowledge of a case where a young man hit a by-stander on the road and was also driving without a license. Normally, in the state I was residing in, this would have been considered Negligent Homicide I, but the DA, however, pressed the charge to Murder 2, because in his opinion the responsible acted knowingly, based on his lack of license--he KNEW he shouldn't be operating a motor vehicle.

I'd suggest you consult either a private lawyer, read your state's Revised Statutes, or even contact the local DA's office--which may be the best option. Additionally, this young man may be liable for damages in civil court, but again, consult a local lawyer.

Answer 2

I'm very sorry to hear about your loss. Your best bet is to talk to the police department that handled the accident and the district attorney. The district attoryney is the one that will decide if the driver would be charged with anything, but the police can help you talk them into it if necessary. You could try a civil suit, but if he's young and without insurance you probably wont get much out of him.

Based on the fact that your husband was ejected from the car, it sounds like he may not have been wearing his seat belt. Which would most likely seriously hurt either a criminal or civil lawsuit.

Answer 3

listen up! 1. get a copy of the police reports.2. Look to see his backgrounds. 3. Hired a private investigator with your Lawyer. 4. That should be bought to SUPREME COURT cause these little guys only slap there hands and they do it again.5.The STATE DA should help you prosecute this person and provides a strongs cases against this clown.6. He already at faults no license, no insurance, not register.7. GO AFTER the owner of the vehical, cause your lawyer will find someone to pays you, and themself.8.11 traffic violations and still able to register a car who behind the strings pulling get a LAWYER FAST!, a Detective FAST! 9. The STATE have moneys for peoples like him.10. Sued also the STATE after all he should have been behind bars after 11 now 12 tomorrow 13.

Answer 4

I was going to, basically say what Meghan said. There's a difference between getting a judgment, & getting recovery. Yes, if he's under age, the parents are responsible. The justice system is terribly lacking. Perhaps the best one could hope for, would be that he would spend time in jail. I am so truly, truly sorry for you. It always amazes me that "weed" is illegal; when stoned, the last thing one wants to do is to drive, & yet people like you describe get off with a slap on the hand.

Edit: I just looked at you answers & can't comprehend what jjissodam said. Forgiveness & not vendetta? If this PERSON isn't punished in a way that will truly impact, God only knows what else he will do. & he WILL. I hope you follow with this to the best of your ability.

Answer 5

First degree murder. If the man's defense is this physics BS then he's too smart for his own good. Here's why. To claim the physics defense he has to have admitted that his wife was killed by this contraption he created. What this wiseguy forgets is that physics is responsible for so many other methods of death. Push the wife out the window and it's physics. (It's not the fall that kills it's the impact with the ground.) Shoot her with a gun and it's physics. Run her over with a car and it's physics. This is clearly a case where our genius commits willful and premeditated murder. And he's admitted as much. He also got rid of the body in a half booty attempt to get away with it. He's gonna get the chair.

Answer 6

This is where the "3 strikes"law should have been pressed ino service!
He would be under the jailhouse here too,but in so many states,it is easier to punish a minor offender,than give some of that illgotten pocket money to prosecute a real criminal!
I am so sorry about your husband,Darlin.& even sorrier for your little boy.God Bless U both.

Answer 7

I am so sorry for your lost. IF this was the young man's fault they will charge him with the dead of our husband, that is if they prove that it was the other driver's fault. If they don't have any witness or there is a doubt on whose fault was it, then he will be charge for driving while revoked, which depending on the state you are carries jail time (here is 1 year).

Answer 8

i am so sorry for your loss.
you need to get in touch with the police officer that investigated the accident and put pressure on him or whoever you have to in order to have charges pressed on this person.
my cousin was killed in something like this only the other driver was stupid drunk. no charges were filed on him (small town, you know how it is) but civil charges were filed and my aunt and uncle received a small settlement and so did my cousin's wife.
my God give you the strength and will to see this through and also to raise your son to be a good person.

Answer 9

I dont believe in our justice system but no matter what happens to the man who did this, it will not bring your husband back and it will not ease your pain, it will busy you for awhile and that could help you some. I am very sorry for your loss. I too lost someone due to a stupid drunk driver.. I worked for a long time to try and put the killer away I got nothing but more pain. good luck, but mostly God bless you. you must put it in Gods hands.

Answer 10

Even without the traffic violations and revoked license he should be charged with vehicular homicide.