CSO Legal Blog

Being involved in a car accident is scary. If you are involved in a car accident where someone ends up dying, it can be terrifying. Most people do not know the consequences of killing someone in a car accident. If you find yourself in this type of situation, make sure you contact a Austin Car Accident Lawyer right away and find out exactly what to expect.

Elements of Vehicular Manslaughter

Not every death from a car accident results in any charges being filed against the driver responsible. If the driver is reckless nor negligent, chances are that they will be charged with vehicular manslaughter, also known as vehicular homicide. Vehicular manslaughter does not require that you intend to kill anyone. To be proven guilty of this crime, it must be proved that beyond a reasonable doubt the driver was operating their vehicle recklessly or in a grossly negligent manner. It also must be proved that this behavior caused the death of the other person.

What Makes a Driver Grossly Negligent

Showing gross negligence or recklessness can be from many different facts. If the driver is under the influence of alcohol or drugs, they will be shown to be grossly negligent. Even if the drugs are prescribed and you ignore the warning to not operate heavy machinery, you will likely be found guilty. Certain traffic laws that include but are not limited to speeding, deliberately running a red light, or texting while driving will also result in your guilt. The extent of the negligence determines whether you will be charged with vehicular manslaughter or aggravated vehicular manslaughter, the second being a felony carrying stiffer penalties.

Defenses Against Vehicular Manslaughter

A defendant will often argue that other factors came into play that they had no control over like the weather other drivers or even the driving of the victim caused the accident. If the defendant was found to be under the influence, you may be able to challenge the results of the lab tests. Also, car malfunctions that the driver did not know about may also be a good defense if the malfunction played a part in the accident.

If you are involved in an accident where someone ends up dying, contact a Austin Car Accident Lawyer right away. They will be able to help you in finding a defense if you are charged with vehicular manslaughter.

By definition, a car collision is an occurrence when motor vehicle makes contact with another vehicle, an object or structure, or even a human being or animal. The result cause damage or injury to a vehicle, an item, or a person.

Car collisions may sound commonplace, but the event can have serious repercussions for those involved, especially for the victim. That person could have suffered damage to his vehicle through no fault of his or her own or, in more dire situations, physical injury. The damage could cause a negligible effect on his life or work habits, leading to lost wages or medical bills.

Often referred to as a car accident, these incidents can occur in many different ways. The fallout, however, often is the same: a victim has damaged property and/or personal injury. This person deserves compensation in order to recover from the accident.

Those who often initiate the car collision usually is at fault. At times, there are mitigating circumstances such as poor weather conditions, suffering from a defective auto part, or the person was attempting to avoid another vehicle, leading to a second development which causes the collision. However, other times it could come down to driver error or situations such as drunk driving, speeding, or was on the phone when he or she shouldn’t have been.

Whoever is at fault for the car collision is liable to get sued. Usually auto insurance companies determine who is at fault in such an occurrence. The companies also can negotiate with the involved parties on an appropriate settlement in order to avoid a lawsuit.

However, at times the injured party could feel a lawsuit is necessary. This can unfold is the party doesn’t believe he or she were represented fairly by the insurance carrier. Due to psychological and/or physical issues, the injured party believes that a greater and longer-lasting settlement is needed rather than the short and quick ones that occur through an insurance company. In this case, the injured party likely would want to move beyond the insurance carriers and seek a professional lawyer.

For those in southern Texas, contacting a Austin car accident lawyer can help aid you on the road to recovery. Such a lawyer specializes in car collision incidents and can help the victim get the compensatory damages he or she deserves. Such damages can prove useful in recovering from the incident, both physically and emotionally.

A lawyer who specializes in auto collisions may better determine the appropriate compensation amount during negotiations or see if there is a need to file a greater lawsuit. In Austin, the professional lawyer would need to be knowledgeable about Texas state laws concerning car collisions in detail, more so than a national insurance carrier company. This would help the injured party have a chance to receiver greater compensation in order to address his or her damages and/or injuries.