The last thing you would expect after surviving a serious car accident is to be charged with manslaughter or vehicular homicide. But, that is exactly what is happening in an Arizona case. Last year, a 19 year-old man lost control of his vehicle and crashed into a light pole and fire hydrant. In the ensuing chaos, two women ran up to the car to help the man. What they didn’t realize is that the pool of water (from the smashed fire hydrant) had become electrified by the fallen power line. When they stepped into the water, they were electrocuted and died instantly. The driver has now been charged with Vehicular Manslaughter with gross negligence.
How Can a Car Accident Result in Vehicular Homicide Charges in Weld County?
Why is the driver being charged in the deaths of the two women? According to witnesses, the driver was driving very fast before he lost control of his car, and subsequently smashed into the pole. The judge on the case stated that the man was “definitely driving negligently, he definitely had disregard for others.” To be charged with vehicular homicide in Weld, Morgan, or Logan County (C.R.S. 18-3-106), it must be proven that the person operated a car in “a reckless manner,” and that the conduct “is the proximate cause of the death of another.” Although the driver was driving in a “reckless manner,” he should not be held responsible for two reasons:
- The actions of the two women were voluntary. There is absolutely no way that the driver knew that the women would attempt to help, or the danger they faced. He was not responsible for their actions following his crash, and should not be charged with manslaughter.
- The death of the two women was caused by “intervening acts,” (the power line electrifying the puddle) not as a result of his actions.
If you or a loved one has been charged with vehicular homicide, manslaughter, or criminally negligent homicide in Greeley, Windsor or Fort Lupton, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-616-6009, or submit the “Get Help Now” form. Together, we can protect your future.
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