How does the state determine whether a car wreck was accidental or vehicular manslaughter?

Question

Today my 11 year old cousin died. Her step-mom was the driver.

Here is the story: (Tell me if you think she she be brought up on murder if she makes it?)
A Claiborne County single vehicle accident has left one child dead and several others injured, according to the Tennessee Highway Patrol.
Amber Nicole Caldwell, age 11, died on the scene of Monday morning's crash after being ejected from an overturned van.

The van's driver, Skye Nicole Caldwell, was airlifted to UT Medical Center in very serious condition.

Charity Lawson, age 11, was also flown to UT in very serious condition. There is no information available on her condition at this time.

Others injured in the crash were Glen Caldwell, age 6; Jake Caldwell, age 9; Jacob Caldwell, age 7, and Porshaia Morris, age 6. Morris is listed in stable condition at UT Medical Center. There is no information available on the condition of the others. Those four children were transported to Claiborne County Hospital.

The accident occurred on Mountain Road near New Tazewell when the driver over corrected after dropping a wheel off the side of the road. The van flipped, landing in a pasture.

According to the THP, no one in the car was wearing a seatbelt

Please do not be rude towards the children in this story for they are innocent. I am not related to the mother that was driving...I am related to Amber's Daddy (First Cousins)
We are all in shock. We feel like it is her fault for amber's death for how she drives. She had been pulled over many times for speeding.

Amber is not her child......

You do not know how this child was treated by her step mom.

Answer 1

I cannot imagine your family's pain but I really feel this will not go to manslaughter. It seems like a very very tragic accident. Someone should have made sure their seatbelts were on but you cannot always know kids that age will keep it on.

I understand you feel it is her fault and that may be so, but, when she wakes up and realizes what has happened her emotional pain will be punishment enough

Punishment will not end your sadness.

Answer 2

Over correcting is not murder. Do you not think that she's going to be devestated enough to know that her child was killed? Not to mention every child in there was old enough to know that they are supposed to be wearing a seatbelt.

So while she might not have been the safest driver, NO there is no way that this could be legally considered murder or manslaughter or anything of the sort. I understand you're upset, but you need to look at this logically.

EDIT: Step-mom, whatever. It's still the child she was responsible for. The children still should've had their seat belts on- they were old enough to know that. You said don't bring the kids into it because they're innocent, well, yes, and no. They were all old enough to have been taught that whenever you get into a vehicle, you buckle your seat belt.

Answer 3

I do not think this will result in vehicular manslaughter or murder. Assault charges, reckless endangerment of a minor, or careless driving maybe, but not manslaughter. This was a tragic accident and I do not believe the state would press charges for this. Amber's daddy could probably press charges for assault or reckless endangerment of a minor. Any punishment for the driver will not remove the sadness from his heart

Answer 4

The condition of the driver and the attitude. Neither of which appear to apply here. To get to criminal you would have to have the driver intentionally taking action - like stealing the car with the kids in it or driving off the end of the road into a lake.