Albertville, AL asked in Car Accidents and Wrongful Death for Florida

Q: Can the not at fault driver be charged with vehicular homicide or manslaughter in a fatal crash if the investigation

Finds his brakes were faulty but did not contribute to the crash?

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2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
  • Personal Injury Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: There would have to be SOMETHING connected to that driver that caused or partially caused the crash; otherwise, what possible reason could they have for filing a charge? Certainly, negligently failing to maintain brakes might form a basis for a charge IF that played some part, big or small, in the crash, but if it played no part whatsoever, that's the equivalent of driving the faulty-brake vehicle with absolutely nothing bad occurring. That being said, if you are the subject of a criminal investigation, it's best to promptly retain, or at least consult, a criminal defense attorney in order to protect yourself.

Peter N. Munsing
Peter N. Munsing
  • Personal Injury Lawyer
  • Wyomissing, PA

A: The investigation might, for instance, find that the driver had driven their vehicle in a way that even if the brakes were fine the collision would still have occurred. I agree with Mr. Baron and would further advise if there is a possibility of being charged that you not post anything regarding this on any website or social media, nor should you email anyone about it. At a minimum speak with an attorney just to get a set of do's and don'ts particular to your case.

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