Tragic and fatal car accidents happen every day. It’s not a statistic that’s pleasant to think about, but over 37,000 people die in US road crashes every year, averaging about 100 vehicular deaths per day. Some of these are the result of dangerous road conditions and mechanical malfunctions but the vast majority are the result of simple human error. Inattentiveness, recklessness, drowsy driving, and intoxication are the leading causes of vehicular deaths and when life is lost, the law looks for someone to hold responsible.
If you have recently been involved in an automobile accident that resulted in a death and you were behind the wheel, there is a very high chance that you will at least be charged with vehicular manslaughter or vehicular homicide. However, being charged is not the end and no matter what your personal reaction to the accident is, it’s important not to let the basic human desire for justice lead you to a punishment that you don’t deserve.
Unfortunately, many people don’t know how to respond when charged with vehicular homicide and can get themselves into far deeper trouble than is fair to them by reacting the wrong way. For anyone in this situation, we’re here to help by providing a simple guide on what not to do in this situation.
What Not to Do:
1) Assume That You Are Automatically Responsible
Being a driver in a car crash that resulted in death is a traumatizing experience, and trauma has a way of playing with both memory and feelings of guilt. Whether the person who died was in your vehicle or another vehicle, survivor’s guilt is incredibly common, as is not being able to clearly remember what happened right before or after the crash. This is especially true if you were injured in the accident.
Even if you have been charged with vehicular homicide, do not immediately assume that you are the responsible party. Forensics will take time to reveal what it can about what happened. There can easily be circumstances that you are not aware of or don’t remember that could have caused the accident beyond your natural responsibility to be a safe driver.
2) Say “I’m Sorry” No Matter What You Feel
Along the same lines, whatever you do, don’t say “I’m Sorry”. This is a common thing for people to say when they have been through a traumatic experience even if there was no way they could have been responsible. The reason for this is simple: you’re sorry it happened whether or not you remember exactly what occurred or were actually the cause of the accident.
However, being heard saying that you are sorry by anyone can be interpreted as a legal admission of guilt. Don’t say it to your passengers, the police, or anyone in other cars involved in the accident. If you’re sorry it happened, say things like “This is terrible” and “I wish this hadn’t happened” instead. This will allow you to honestly express your feelings without putting your legal defense at risk.
3) Talk to Anyone Before Speaking to Your Lawyer
It can seem uncomfortable to refuse to give your story after a traumatic incident, but it is very important that you not tell your story or talk to anyone about the accident before you speak to a lawyer. Watch out for police and insurance interview techniques as well, as they are experienced at walking someone around a topic and gathering tertiary comments that could be used against you later.
After a traumatic experience, you may want to babble or talk to someone, but call your lawyer first. An experienced attorney will be able to help you cope with the aftermath without giving anyone who wants some to blame the opportunity to target you. This is especially important considering that you may be in a traumatized state and easy to take advantage of. Remember this phrase “I need to speak with my lawyer.” Don’t let anyone tell you this is shameful or shady. You are simply seeking compassionate and professional advice from someone who has your best interests in mind.
4) Give a Recorded Interview or Statement to an Insurance Company
After an automobile accident, no insurance company is to be trusted. This may sound melodramatic at first until you consider exactly how insurance companies make their money. It is in the other driver’s insurance agency to prove that you are at fault so that they don’t have to pay for damages. It is in your insurance agency’s best interest to penalize you for the accident so that they can raise your rates or pay out less for your damages.
So whatever you do, do not give a statement to any insurance company. If you absolutely must, consult with your lawyer first to know what is safe to say, then stick to exactly that.
5) Resist or Avoid the Police
When you have been a driver in a fatal car accident, your relationship with the police gets complicated. On one hand, they are the professionals most experienced and capable of cleaning up after a wreck including careful documentation of the scene. Their forensics have a chance of clearing your name and they will make sure that no one else is hurt in the aftermath and cleanup. In this sense, you should make sure the police are called after the accident and cooperate with them in safety and cleanup procedures.
However, they are also responsible for finding and assisting in the prosecution of someone at fault for the crash. If you are charged with vehicular homicide, it is vital that you not give the police anything to use against you. So cooperate physically, go where they ask you to go, and always be polite but do not give a statement, interview, or submit yourself to tests without your lawyer present and advising you.
6) Let Your Grief or Remorse Overwhelm You
Finally, the accident itself and the death that occurred is a tragedy. It’s only natural to feel grief and remorse whether you knew the person who died or you are simply sad that a stranger’s life was lost in a senseless accident. It’s okay to cry, be depressed afterward, and talk to a trusted confidant. However, with legal troubles ahead, it’s important that you not let your grief and remorse overwhelm you. You will need to attend court dates and participate in the case, however, is necessary in order to clear your name and move on with your life. If you’re having trouble functioning after the crash, work with your lawyer to make sure you don’t miss anything important while your fate is being decided by the legal system.
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Being charged with vehicular homicide is no small matter and could potentially land you in prison for over a decade and mark you as a permanent felon. Whatever you do, don’t try to face the situation alone or fail to face it at all. Call an experienced vehicular homicide lawyer to help you deal with the aftermath of the accident and avoid being railroaded by a legal system desperate for someone to blame. For more information or compassionate legal advice on this traumatic incident, contact us today.
Posted 2nd December 2018 by DeVore Criminal Defense