Fatal Crashes and Vehicular Manslaughter Charges in Missouri
Missouri had 991 traffic deaths in 2023. In most of these cases, the police determined that the crash was no more than a tragic accident. A few times each year, however, police arrest the driver who caused the accident for vehicular manslaughter.
The razor-thin line between these scenarios depends on the evidence. If officers have evidence that you were criminally negligent, they may arrest you for involuntary manslaughter. If they only have evidence that points to civil negligence or no negligence, you may escape criminal charges.
Establishing negligence requires proving the following four elements:
- Duty of care
- Breach of duty
- Causation
- Harm or loss
The difference between civil and criminal negligence lies in the second element. The breach of duty for civil liability occurs when a person fails to act with ordinary care and, as a result, exposes another party to an unreasonable risk of injury or death.
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Criminal negligence requires proof of much more egregious acts. Specifically, Missouri law defines criminal negligence as a gross deviation from the standard of reasonable care, thereby creating a substantial and unjustifiable risk that injury or death will result.
Criminal Recklessness
Missouri has two levels of involuntary manslaughter charges. Second-degree involuntary manslaughter requires proof of criminal negligence, while first-degree involuntary manslaughter requires evidence of recklessness.
Criminal recklessness requires even more egregious acts than criminal negligence. It occurs when the accused consciously disregards a substantial and unjustifiable risk of injury or death.
Thus, speeding on a highway might result in civil liability if the speeder causes a fatal crash, but it might not justify criminal charges, as speeding isn’t a “gross deviation” from the standard of care.
Speeding in a school zone when the warning lights are activated could qualify as criminal negligence. The driver failed to recognize the substantial risk that children might be present when the school zone lights are flashing.
Speeding in an active school zone when children are visible could bump the act up to criminal recklessness. In this case, the driver would need to deliberately disregard the significant risk posed to children walking in the area.
Missouri’s Vehicular Manslaughter Statutes
The Missouri Revised Statutes don’t contain a specific vehicular manslaughter law. Instead, prosecutors would bring charges for voluntary manslaughter, involuntary manslaughter, or DUI causing death, depending on the circumstances of the fatal crash.
Involuntary manslaughter occurs when someone unintentionally causes someone’s death due to criminal negligence or recklessness. This charge covers more than fatal car accidents. For example, someone could be charged with involuntary manslaughter for mishandling a gun while hunting and inadvertently killing another hunter.
Additionally, Missouri has provisions in its DUI law that cover fatal drunk driving accidents. These statutes cover the charges a driver might face after an inadvertent collision; they don’t cover charges prosecutors can bring for intentional crashes.
Deliberately crashing into someone might result in any of the following charges:
- Murder
- Voluntary manslaughter
- Assault
As such, vehicular manslaughter charges may fall under the following statutes:
Voluntary Manslaughter in St. Louis
Voluntary manslaughter happens when someone commits what would otherwise be a murder but justifies it by claiming they were acting in the heat of passion for an adequate cause. Thus, voluntary manslaughter charges apply to intentional crashes.
For example, prosecutors might file this charge if you killed your spouse because you saw them standing on the sidewalk kissing someone and swerved without thinking.
Road rage might qualify as voluntary manslaughter if the driver deliberately tried to injure or kill the victim. Prosecutors might only be able to bring involuntary manslaughter charges if the driver lost control of their vehicle while driving recklessly and caused a fatal crash.
First-Degree Involuntary Manslaughter in St. Louis
First-degree involuntary manslaughter happens when a death results from criminal recklessness. This is the most severe charge that can arise from an accidental crash.
Second-Degree Involuntary Manslaughter in St. Louis
Second-degree involuntary manslaughter applies to deaths that result from criminal negligence. This charge also extends to accidental collisions.
DWI Causing Death in St. Louis
Prosecutors can charge an intoxicated driver who causes a fatal accident with a DWI causing death. The following factors determine the severity of this charge:
- Whether the victim was a law enforcement officer or emergency personnel
- How many people were killed
- Whether the victim was a passenger in the defendant’s vehicle
- The accused’s blood alcohol concentration (BAC)
- The defendant’s prior record of DUI convictions
Prosecutors must prove that the defendant was intoxicated and acted with criminal negligence to secure a conviction for DUI causing death. However, failing to appreciate the risk of drunk driving might be enough to establish criminal negligence.
Possible Defenses Against Vehicular Manslaughter Charges in St. Louis
In the American legal system, you’re innocent until proven guilty. Prosecutors must prove every element of the charged offense, or you must be acquitted. Our job is to push prosecutors to present evidence of every element. If they fail to do so, we’ll point out their omission to the jury so it will acquit you.
Depending on the facts of your case, we might present the following defense strategies:
Mistaken Identity
The police might not be able to identify who was driving during a fatal crash. For example, suppose that someone is involved in a deadly rollover collision in which both drivers are ejected. Prosecutors might file criminal charges against the wrong person, incorrectly accusing them of driving the responsible vehicle.
If you were charged with vehicular manslaughter when you were only a passenger, we can use traffic videos, eyewitness testimony, and other evidence to prove you weren’t the driver.
We can also use this defense if you didn’t cause the collision. Let’s say the police accused you of running a red light and colliding with a pedestrian. We may be able to find evidence that your brakes were faulty and that you therefore weren’t culpable for the resulting accident.
No Criminal Negligence or Recklessness
Most fatal collisions don’t result in criminal charges — to prove criminal negligence or recklessness, prosecutors need something more than simple carelessness. Otherwise, we can argue that even if you were careless, your actions weren’t a “gross deviation” from the expected level of care.
No Intoxication
Charges for a DWI/DUI resulting in death require proof that you were intoxicated. In Missouri, this means your driving abilities were impaired or your BAC was above the legal limit. We can question the officer’s testimony about your alleged intoxication. We can even challenge breath, urine, or blood tests that may be inaccurate or contaminated.
Involuntary Intoxication
Prosecutors must prove criminal negligence to secure a conviction for DUI causing a death. If you were drugged without your knowledge, you might not have acted with criminal negligence.
To use this defense, we’ll present evidence that you reasonably believed your driving skills were fine because you didn’t know you had been drugged.
