What evidence?

[rsacrifices]

What is the name of your state? MO

My nephew was involved in a minor accident(by damage to vehicles), though it involved an elderly lady who apparently had slow reaction and after about 100 yards left the road and struck a tree, killing her.

The police told him his contact with her car did not cause her to leave the road and strike the tree, however they did cite him for failure to yield. They are now telling him that the family could charge him with vehicular manslaughter.

He is a good person, 34 years old doesn't drink or anything, would not hurt a fly. He works as an RN. He is terribly upset thinking that the lady is dead because of him.

What evidence would be required to make this charge? It was just a horrible accident!

[justalayman]

What evidence would be required to make this charge? It was just a horrible accident!

one answer to a simple question.

If not for your nephew hitting her car, would she have left the road and been killed?

If the answer is yes, then you rnephew is good to go. If it is no, then he needs to be concerned about what could happen.

The family cannot charge him with anything. That is up to the DA. The family could sue for wrongful death though, which is a civil case while vehicular manslaughter is a criminal charge.

[ecmst12]

He/his family can talk to a lawyer now, in case any charges are filed. If he IS charged with anything, he will need one. But even if she might not have later driven off the road if not for the previous accident, I still don't think that makes him criminally responsible.

[justalayman]

Originally Posted by ecmst12

But even if she might not have later driven off the road if not for the previous accident, I still don't think that makes him criminally responsible.

too few details to make such a claim. OP never said anything about the actual accident other than he hit her. It could be a blaringly obvious case of vehicular manslaughter or it may be nothing at all criminal.

from mo sstatutes

Involuntary manslaughter, penalty.
565.024. 1. A person commits the crime of involuntary manslaughter in the first degree if he or she:

(1) Recklessly causes the death of another person; or

(2) While in an intoxicated condition operates a motor vehicle in this state and, when so operating, acts with criminal negligence to cause the death of any person; or

(3) While in an intoxicated condition operates a motor vehicle in this state, and, when so operating, acts with criminal negligence to:

(a) Cause the death of any person not a passenger in the vehicle operated by the defendant, including the death of an individual that results from the defendant's vehicle leaving a highway, as defined by section 301.010, RSMo, or the highway's right-of-way; or

(b) Cause the death of two or more persons; or

(c) Cause the death of any person while he or she has a blood alcohol content of at least eighteen-hundredths of one percent by weight of alcohol in such person's blood; or

(4) Operates a motor vehicle in violation of subsection 2 of section 304.022, RSMo, and when so operating, acts with criminal negligence to cause the death of any person authorized to operate an emergency vehicle, as defined in section 304.022, RSMo, while such person is in the performance of official duties.

without any more details, it seems a real possibility that involuntary manslaughter is a possibility.

[rsacrifices]

Could the failure to yield be considered reckless?

The other bolded print relates to being intoxicated which he was definitely not. He pulled out in front of her, didn't see her until the last minute, hit the brakes making minimal contact with her car.
There was very little damage to his car or hers that he could see.

The mystery is why she continued to drive down the road. Had she stopped, it would have been a very minor accident. I am assuming delayed reaction time due to age?

I am sure there will be an investigation to determine what happened as best they can tell. Then will come the determination of whether or not charges will be filed.

I just don't see how he could be held responsible it was definitely an accident. Horrible!

He has a clean driving record, was in the military for 10 years, no criminal record or anything. He is a good citizen.

He is so shaken over this. I just hope he hears something soon and it all blows over.

[justalayman]

=rsacrifices;1901940]Could the failure to yield be considered reckless?

possibly. There is often a definition for reckless. You may try researching it. I haven't. If there is no definition, case law or courts opinion will determine what reckless is.

In my state, failure to yield and causing damage to anything would be considered reckless driving.

The mystery is why she continued to drive down the road. Had she stopped, it would have been a very minor accident. I am assuming delayed reaction time due to age?

maybe she was having a heart attack? Don;t really have any idea though. That would be something that would need to be deterimed by those with access to the infomation.

I just don't see how he could be held responsible it was definitely an accident. Horrible!

Well, I don;t know to anybody that has intentionally caused the death of another whil they were driving but I do know a few people the spent a few years in prison for accidentally causing a death.

people do die in accidents. Don;t you think somebody should be held accountable for the actions that caused those deaths?