Fatal Accidents: What To Do If You Killed Someone In An Accident

Understanding The Severity Of Fatal Car Accidents

A fatal car accident can be a severe case. For starters, Nevada law considers a person who, while driving or in actual physical control of any vehicle on a highway or premises to which the public has access, proximately causes the death of another person through an act or omission that constitutes simple negligence to be guilty of vehicular manslaughter. Accordingly, the person shall be punished for a misdemeanor.

Additionally, the family of the deceased may file a wrongful death lawsuit, from which you can potentially pay thousands of dollars in compensation. 

Understanding the severity of fatal car accidents can help you make informed decisions without delay.

Immediate Steps To Take After A Fatal Car Accident

If someone dies from the car crash you are involved in, you need to call law enforcement. While waiting for the police to respond to the scene, if you are medically able, exchange information with the driver or occupants of the other vehicle if another car was involved in the accident. You should then get the contact information of the witnesses and their statements.

If possible, take pictures of the overall view of the accident scene, the vehicles, the surroundings, and your injuries.

Reporting The Accident To Authorities

Any person involved in an accident that results in the death of another must call the police. If the police fail to respond to the scene, you can visit the nearest office of a police authority or the Nevada Highway Patrol to report the case. Leaving the accident scene without a valid reason can lead to further penalties.

Cooperating With Law Enforcement And Investigations

Law enforcement will ask you questions and investigate the case to obtain more information. It’s crucial to cooperate with the police but with legal guidance. You don’t want to use statements that can get you into trouble, such as unknowingly accepting fault for the accident. Our car accident lawyers in Las Vegas can help you determine a balance between being cooperative and protecting yourself.

Nevada Laws On Vehicular Manslaughter And Homicide

Vehicle manslaughter is a misdemeanor in Nevada. However, vehicular homicide is a felony that occurs when a person who is driving or is in actual physical control of a vehicle proximately causes the death of another person while under the influence of alcohol or other drugs or has previously been convicted of at least three offenses.

Vehicular homicide is a serious criminal charge. Learn more about the penalty for car accident death.

Potential Criminal Charges: Manslaughter VS. Negligence

Vehicular manslaughter is associated with “simple negligence,” such as running the red light, unsafely changing lanes, being distracted, failing to yield, and so on — essentially, lacking reasonable care. 

Generally, a car accident that does not lead to a person’s death is a negligence case that is handled in a civil court. Nonetheless, it can lead to criminal charges if the police can determine the incident involved criminal acts, such as an involved party leaving the accident scene or assaulting someone at the scene.  

Your Rights During The Investigation And Legal Process

When facing a charge of killing someone in a car accident, you can exercise your rights during the investigation and legal process. You have the right to remain silent and the right to an attorney. 

Pay attention to everything the police do or say during the investigation and the legal process to identify any violation of your rights.

Speaking With An Attorney After A Fatal Accident

Things may happen fast after a fatal accident. You may make decisions that can disadvantage you in the future. You need to speak to an attorney after a fatal accident to determine the best angle to approach your case. 

Your lawyer can guide you on how to answer questions from law enforcement. Besides, they can handle interactions with the other party’s insurance companies and yours as well. 

If you lost a loved one in a car accident, speaking with a lawyer is still in your best interest. They will help represent you and fight for your rights, ensuring the responsible party is liable for their actions.

Dealing With Emotional And Psychological Aftermath

Regardless of the circumstances surrounding your case, being a primary party in an incident that causes the death of another can be traumatic. You may experience guilt, shame, depression, post-traumatic stress disorder (PTSD), survivor guilt, and other mental health issues. This is equally true if you were the driver or lost a loved one you were traveling with.

Consequently, these emotions and psychological challenges may lead to social withdrawal, difficulty concentrating, sleep disturbances, and, in some cases, alcohol abuse.

Going to therapy, spending time with loved ones, and joining a support group can help you deal with the emotional and psychological aftermath of being involved in a fatal accident.

Insurance Considerations After A Fatal Accident

After a fatal accident, insurance companies will consider various factors. Firstly, they will assess the details of the accident to understand its severity and determine the at-fault party. They will also calculate any expenses the deceased party or the family incurred, including medical bills and funeral expenses, to decide a payout amount they will claim from the at-fault party’s insurance company.

Civil Liability: Wrongful Death Lawsuits In Nevada

Wrongful death cases are civil actions that can be filed by the family of a decedent whose death was caused by negligence. If you kill someone in a car accident, you may face this type of lawsuit. If you have lost a loved one due to a fatal accident, you may be able to file this claim.

Defenses And Legal Strategies For Fatal Car Accidents

If you are accused of killing someone in a car accident, you can gather evidence that shows you are not at fault for the accident, such as proving another party was negligent, leading to the crash. Evidence that shows the other party may have also acted negligently (comparative fault) can also be crucial, as it can help reduce the compensation you are required to pay the other decedent’s family.

What To Expect In A Criminal Or Civil Court Case

In a criminal court case, the guilty party can expect to go through an arrest, bail hearing, arraignment, preliminary hearing, pretrial conferences, and then potentially a trial. The prosecution will present evidence to prove the individual is guilty beyond a reasonable doubt.

In a civil court case, the guilty party can expect to go through pre-filing, initial pleading, discovery, pretrial, trial, and post-trial. The other party must prove their claim by a “preponderance of the evidence” (evidence determining the existence of the contested fact is probable).

Settling Or Fighting A Wrongful Death Claim

Our catastrophic injury attorneys can help you examine the crucial factors involved in your case to establish if you should settle or take your wrongful death claim to trial to get justice for your loved one.

FAQs

What Are The Criminal Consequences Of Killing Someone In A Car Accident In Nevada?

A guilty party may face a vehicular manslaughter charge, which is a misdemeanor, or a vehicular homicide charge, which is a felony.

Can I Be Sued For Wrongful Death If I Accidentally Killed Someone In A Car Crash?

Yes, if you accidentally kill someone in a car accident, the deceased’s family can file a wrongful death lawsuit against you.

Should I Speak To An Attorney Before Giving A Statement To The Police?

Yes, it’s critical to speak to an attorney before giving the police a statement after a fatal accident. You don’t want to incriminate yourself by the statements you make.