Questions on DUI when outcome is death

What is the name of your state? Pennsylvania

Here is the scenario - Driver #1 rear-ends Driver #2 while Driver #2 is at a stop. (accident supposedly Driver #1's fault)

Driver #1 is legally drunk.

Driver #2 is legally drunk.

Driver #2 has child in car.

Child dies.

All others in both cars are fine.

Questions - Is Driver #2 responsible for child's death?

Can Driver #1 get charged w/ vehicular manslaughter /vehicular homicide?

Can driver #2 get charged with vehicular manslaughter /vehicular homicide?

What could Driver #2 get charged with if not VM?

What could driver #1 get charged with if not VM?

Will Driver #2 being drunk help driver #1 's case?

Thank you!

[stephenk]

driver 1 is responsible for death of child. Depending on history of driver 1 driving while drunk, driver 1 could be charged as high as second degree murder.

Driver 2 being drunk not relevant to the case since D2 was stopped at time of accident and being drunk did not contribute or cause the accident. Dont try using the argument that because D2 was drunk he/she should not have been on the road, it wont work.

Thank you!

I do not know driving history of Driver #1.

But I do know that Driver #2 has had 2 other DUI's.

Could driver #2 be charged w/ any kind of child endangerment or like? (since he was legally intoxicated?)

What if the parent knew that other parent (D#2) had been drinking when child was placed in the car? Are there any charges that could be brought against that parent for letting child go w/ D#2?

Thank you again.

[Bravo8]

Driver 1 could be charged with Involuntary Manslaughter, Homicide by Vehicle while DUI, Aggravated Assault by Vehicle while DUI, and even possibly Murder in the Third Degree.

Driver 2 could be charged with Aggravated Assault by Vehicle while DUI, but I don't believe the Manslaughter section would apply, nor would the Murder. Driver 2 and the other parent could also be charged with Recklessly Endagngering Another Person, Endangering the Welfare of Children, etc.

There is a significant difference in the wording between IM and Agg Assault - DUI, which is why they both don't apply to Driver 2.

[stephenk]

Driver 2's intoxication has no relation to causing the accident. Driver 1 rearended D2 car. The ONLY argument regarding D2 being drunk would be if D2 car was illegally stopped or had made a sudden stop ahead of D1.

Example, D2 stopped legally at a stop sign and then being hit by D1. D2 intoxication not relevant.