Vehicular Homicide Defense

Charged after a fatal crash

A fatal crash is a tragedy for everyone involved. But a death on the road is not automatically a crime. Vehicular homicide requires proof that the driver operated the vehicle in a reckless manner likely to cause death or great bodily harm. Ordinary carelessness, a moment of inattention, or a crash caused by someone else is not enough.

These cases are usually built on crash reconstruction, vehicle data and witness accounts gathered in the first hours and days. A defense should start just as quickly. Chad M. Seibel is a former prosecutor who defends drivers charged in serious crash cases.

Charges and penalties

Vehicular homicide (§ 782.071): second-degree felony, up to 15 years in prison. A death (including an unborn child, by injury to the mother) caused by driving a motor vehicle in a reckless manner likely to cause death or great bodily harm.
Vehicular homicide, failing to stop and render aid (§ 782.071): first-degree felony, up to 30 years in prison. The same, when the driver knew or should have known of the crash and failed to give information and render aid as required by § 316.062.
Vehicular homicide with a prior conviction (§ 782.071(1)(c), effective Oct. 1, 2025): first-degree felony, up to 30 years in prison. The same, by a driver with a qualifying prior conviction.

Vehicular homicide is a different charge from DUI manslaughter, which is based on impairment rather than reckless driving. Some cases are charged both ways.

What the State has to prove

The State must prove that the accused was driving, that the driving was reckless (a willful or wanton disregard for safety, beyond simple negligence), and that the driving caused the death. Speeding alone, or a single traffic violation, does not automatically meet that standard.

Possible defenses

Depending on the evidence, defenses may include:

Not reckless. The driving may have been negligent, which is not a crime, rather than reckless.
Causation. Another driver's conduct, road design, weather, a mechanical failure, or the other person's own actions may have caused or contributed to the crash.
Who was driving. In some crashes, identity is disputed.
Reconstruction and data. Speed estimates, event data recorder downloads, and scene measurements can be checked by an independent expert.
Statements and searches. What the driver said at the scene, and how blood or phone evidence was obtained, may be challenged.

Frequently asked questions

Is every fatal crash vehicular homicide? No. The State must prove reckless driving that caused the death. Many fatal crashes result in only a traffic citation, or no charge.

Should I give a statement to the crash investigator? Talk to a lawyer before giving a recorded or written statement about a fatal crash, especially if there is any suggestion of criminal charges.

What if I stopped and called 911? That matters. Failing to stop and render aid is one of the facts that raises the charge to a first-degree felony.

Talk to a defense lawyer today

If you are under investigation or have been charged after a fatal crash, call 407-846-8008 now for a free, confidential consultation.

Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.