What is Vehicular Manslaughter?

What is Vehicular Manslaughter?

Vehicular manslaughter is the unlawful and accidental killing of an individual using a motor vehicle as a means of bringing about their death.

How is Vehicular Manslaughter Defined?

If you are in charge of a vehicle that is in some way responsible for the accidental death of another human being then you have committed vehicular manslaughter.

This can happen in a number of ways. The most common are running over a pedestrian or person in the street, mounting the pavement and hitting a pedestrian or causing death by driving under the influence of alcohol.

Drink Driving

Anyone found to be in charge of a motor vehicle whilst under the influence of alcohol is considered to be a drunk driver. During the course of the year there are a great number of individuals who are needlessly killed by drivers who are either currently drunk - or who have not yet sobered up from the night before. This is considered to be Vehicular Manslaughter as the case is often argued that the individual did not set out to kill someone but the circumstances in which they were driving the vehicle were such that an accidental death was likely to occur.

Hit and Run

Again the term of Hit and Run can be applied to any vehicular accident at which the driver flees the scene, either on foot or in the vehicle which caused the accident. For the most part if an individual flees the scene of an accident then liability is almost certainly on their part whether intentionally or otherwise. They may not be licensed to drive the vehicle they were in, may not have the correct insurance or MOT, the vehicle may not be roadworthy or they may be under the influence of alcohol or substance which could impair their judgement.

Driving whilst Disqualified

Again this offence can also be categorised as vehicular manslaughter if the driver of the vehicle accidental hits someone whilst in charge of the vehicle. The law states that if the driver of the vehicle is not legally obliged to be in charge of it then he or she is in breach of the law and therefore if they bring about the accidental death of another human being they have caused vehicle manslaughter.

Taking Without Consent

Sometimes referred to as TWOKING, the act of taking without consent is commonly known amongst adolescents as joyriding. What this amounts to is the theft of a vehicle which does not belong to them and the driving of said vehicle on public roads and highways without a licence or insurance. In this instance there are several laws being broken from the outset but this can be compounded by the inadvertent causing of death if the vehicle knocks down a pedestrian. In many instances of so-called 'joyriding' the driver of the vehicle is normally in his teens (female teens very rarely indulge in this practice) and is normally under the influence of either alcohol or drugs and in some cases both.

Likewise an individual can be charged with Vehicular Manslaughter if he or she is in charge of a car in which another individual dies. This can come about if the vehicle has been rolled or flipped over or involved in a high speed collision with an oncoming vehicle.

The sentence for Vehicular Manslaughter is difficult to determine and is often determined by the judge in charge of hearing the case. He or she may insist upon a prison term of a minimum of four years or may suggest that the jury opt for a lesser sentence with additional time to be spent in rehabilitation or community service.