Death By Auto

Death By Auto

Being killed in a car accident is an unfortunate reality for many people. According to statistics, over 38,000 people die every year in the U.S. from motor vehicle crashes. That’s over 100 people every day! And many more are seriously injured.

In legal terms, when someone is killed by a vehicle, it is often referred to as “death by auto.” This phrase encompasses situations where a driver hits and kills a pedestrian, a passenger dies in a car accident, or a motorcyclist or bicyclist is fatally struck.

Laws and Charges

If a driver is deemed responsible for causing a fatal crash, they can face serious criminal charges. The specifics vary by state, but some common charges include:

• Vehicular manslaughter
• Vehicular homicide
• Negligent homicide

In California for example, a driver who flees the scene after killing someone can be charged with hit-and-run resulting in death or gross vehicular manslaughter, both felonies.

The penalties if convicted can include years in prison, massive fines, and license suspension or revocation. But proving criminal negligence can be difficult without evidence of impairment, distraction, or extremely reckless driving.

Civil Liability

Even if no criminal charges are filed, the driver may still face a wrongful death lawsuit seeking compensation for the victim’s family. This civil action has a lower burden of proof than a criminal case. Showing that the driver’s actions fell below the duty of care expected of a reasonable person is enough to establish liability.

So even if no traffic laws were broken, a driver can sometimes be held financially accountable. Common defenses in these cases include arguing that the victim’s own negligence contributed to the accident.

Special Situations

Deaths involving pedestrians, cyclists, motorcyclists, and commercial trucks each have unique considerations under the law. And self-driving cars are an emerging area still being addressed.

Pedestrians

Protecting vulnerable road users is a priority. So drivers face heightened penalties for striking pedestrians in many states. And pedestrians are rarely found liable, since they don’t have the same duty of care.

Bicyclists

Bicyclists have the same rights and responsibilities as drivers, so liability often comes down to specific circumstances. But safely sharing the road is an ongoing discussion, with movements for improved infrastructure.

Motorcyclists

Though motorcyclists assume inherent risks, drivers must still share the road responsibly. But without the protection of a car, motorcyclists are clearly more vulnerable in crashes.

Commercial Trucks

The scale and weight of large trucks can turn even minor collisions deadly. So there are special certification, training, and compliance rules for commercial drivers and companies.

Self-Driving Vehicles

This cutting-edge technology is still being tested on public roads. Laws are evolving to address liability questions around these autonomous systems.

A Complex Issue

As this overview shows, death by auto involves many complex legal and ethical issues. Technology, infrastructure, education, enforcement and awareness all play a role. There are no easy solutions, but gradual progress is being made to prevent these needless tragedies.