When Can A Car Accident Result In A Felony Charge?

September 19, 2024

Car accidents are typically handled as civil matters, with injured victims seeking compensation through insurance claims or lawsuits.

In certain situations, a car accident can result in criminal charges. The distinction often depends on the behavior of the driver as well as other circumstances surrounding the accident.

Below, our colleague at Archambault Criminal Defense outlines how a car accident can escalate into a felony charge, the types of charges that may arise, and what drivers should be aware of if they find themselves in such a situation.

Reckless Driving And Vehicular Manslaughter

Reckless driving goes beyond ordinary negligence when it involves a willful disregard for the safety of others. This could include excessive speeding, aggressive driving, or ignoring traffic laws in a way that puts others at significant risk.

If reckless driving leads to a fatality, the driver may be charged with vehicular manslaughter, which can be classified as a felony. Vehicular manslaughter occurs when a person’s reckless or negligent behavior causes the death of another person. Depending on the severity of the recklessness and your state’s laws, this charge can result in prison time and substantial fines.

Driving Under The Influence (DUI)

Another situation where a car accident may result in a felony charge is when the driver is under the influence of drugs or alcohol. Causing serious injury or death while driving under the influence has the potential to elevate a DUI charge to a felony.

In most states, the legal limit for blood alcohol concentration (BAC) is 0.08%, but even when a driver is below this limit, impairment can still lead to severe consequences if an accident occurs.

A DUI-related felony charge, such as DUI manslaughter, is particularly serious and often carries harsh penalties, including lengthy prison sentences and long-term license suspension. Even if no one is killed, a DUI that results in significant bodily harm to others may also be classified as a felony.

Hit-And-Run Accidents

Hit-and-run laws require that drivers stop after an accident to exchange information and provide reasonable aid if necessary. So, a car accident can lead to a felony charge if the driver involved flees the scene, especially in cases when there is injury or death. Failing to do so can result in criminal charges, and if someone is injured or killed, it’s likely that the driver will face felony charges.

In many cases, even if the driver was not at fault for the accident, fleeing the scene can escalate the situation into a criminal matter. Penalties for felony hit-and-run vary by state but can include imprisonment, fines, and a criminal record that may affect future employment and driving privileges.

Driving With A Suspended License Or Without Insurance

While driving without a license or insurance on its own is usually a misdemeanor, the situation changes if an accident results in significant property damage, injury, or death. In these cases, the penalties can be much more severe, with felony charges brought against the driver.

Also, if a driver is caught operating a vehicle with a suspended or revoked license due to previous criminal conduct (such as a prior DUI), any resulting accident could lead to harsher criminal penalties, including felony charges.

Fleeing From Law Enforcement

When a car accident occurs during or after a police pursuit, felony charges are almost always on the table. Fleeing from law enforcement while operating a vehicle is considered a serious offense. If an accident occurs during the chase—especially one that causes injury or death—the driver will likely face felony charges.

Eluding police can include situations where a driver fails to stop when instructed by law enforcement or actively attempts to evade capture, and the consequences for this type of offense can be severe. Charges range from felony reckless driving to vehicular manslaughter if the pursuit leads to a fatal accident.

Whether due to fleeing the scene, driving under the influence, or reckless driving, the consequences of a felony charge after a car accident can be life-altering. If you find yourself facing such charges, it’s important to work with an experienced felony lawyer who can help you build a strong defense.

Note: The information provided in this blog post about injury car accidents in Los Angeles is for general informational purposes only and should not be considered legal advice.

Disclaimer: No attorney-client relationship is established by accessing or using this information. Readers should consult with a qualified attorney for advice specific to their situation. The authors make no representations regarding the accuracy or suitability of the information provided and disclaim any liability for reliance on it. Laws and regulations may vary and are subject to change.

When Can A Car Accident Result In A Felony Charge?