When a traffic accident results in a death, there are three different charges that can result: Careless Driving Causing Death, Hit and Run Causing Death, and Vehicular Homicide. Let’s take a closer look at how each of these crimes are charged.
Evans Careless Driving Lawyer: How is Careless Driving Causing Death Charged in Weld County
The Evans, Weld County, Colorado law definition of Careless Driving – C.R.S. 42-4-1402 – is:
The charge level for Careless Driving is aggravated if there are injuries involved. It is charged as follows:
(b) If the person’s actions are the proximate cause of bodily injury to another, such person commits a class 1 misdemeanor traffic offense.
(c) If the person’s actions are the proximate cause of death to another, such person commits a class 1 misdemeanor traffic offense.
Hit and Run Causing Death Defense Attorney: How is Failure to Report an Accident Involving Death or Injuries Charged in Colorado?
The Weld County, Colorado law definition of Accidents Involving Death – C.R.S. 42-4-1601 – is:
Like Careless Driving, the level of injury dictates the charge level:
(a) A class 1 misdemeanor traffic offense if the accident resulted in injury to any person;
(b) A class 4 felony if the accident resulted in serious bodily injury to any person;
(c) A class 3 felony if the accident resulted in the death of any person.
What is Vehicular Homicide in Milliken and Johnstown?
The Colorado law definition of Vehicular Homicide – C.R.S. 18-3-106 – is:
(b)
(I) If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide. This is a strict liability crime.
(I.5) If a person operates or drives a motor vehicle while the person’s ability is impaired by alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and such conduct is the proximate cause of the death of another, the person commits the crime of vehicular homicide.
Basically, this crime can be charged two ways – for Reckless Driving causing death or for Driving Under the Influence causing death. It is charged as follows: