If a woman driver is on a cell phone and hits and kills a pedestrian, do they get a felony?

Answer 1

Not, not at all.

If it was not an intentional act or she was not committing a criminal act at the time, believe it or not it would just be a traffic ticket. To be charged with vehicular manslaughter you would have to show a gross indifference and recklessness.

It would be just like if she spilled coffee in her lap and when looking down to grab the cup she stuck some one. It was not intentional or occurring out of a criminal or grossly negligent act.

But, civilly? She would be toast when sued by the family.

Answer 2

The real issue here is causation--WHY did she hit and kills the pedestrian? Did it have anything at all to do with her being on a cell phone? Obviously, there are a number of very different possible scenarios here: She could have been driving carefully along. following all of the traffic laws, minding her own business, calling her husband to see if he could pick up the kids that afternoon, and BAM--out of nowhere darts this idiot who ran out in front of her car in the middle of a street or against the light at an intersection, with no realistic chance for her--or any other driver in that situation--to do anything to prevent the accident in the quarter second she had to react. Her talking on her cell phone didn't have anything to do with why the pedestrian is now dead.

On the other hand, she also could have been cruising along fifteen miles over the speed limit, straying over a little into another lane occasionally, primarily concerned with screaming at her boyfriend that he can damn well forget ever seeing her again because she saw him talking to Tiffany at the mall, and BAM--she hits a ten year old who had made it halfway across a cross-walk, walking where and when he should have been, because she was too concerned about her little drama to notice that she was about to run a stop sign until she'd already killed the kid. Obviously, these cases should be treated differently, and in reality, the issue has little to do with specifically talking on a cell phone, and more to do with whether you're bothering to pay attention to your driving and your surroundings.

Answer 3

Depends. If it's a hit and run, then yes, most definitely. In that case, they will likely be charged with hit and run and vehicular homicide.

However, if they remain at the scene, things could possibly turn out differently. It depends on road conditions, visibility, and obviously distractions, but sometimes, they may not be charged with vehicular homicide. Instead, they may be charged with a much lesser crime. This of course, does not make them invisible to the civil courts, if the family of the deceased decides to sue them.

Answer 4

I don't think the gender of the person on the cell phone has anything to do with it.

Answer 5

its still a felony, cell phone or not.......