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Negligent Homicide, or Involuntary Manslaughter... Depends on what the exact translation of your state is... Your "friend" could be sued for wrongful death... He's not in the clear by a long shot if that is really what you are asking about...
Types of Negligent Homicide
The first of these, negligent homicide, is the killing of another person through gross negligence or without malice. It can also be considered a death that is the result of the negligent operation of a motor vehicle, which includes the operation of a boat or snowmobile. In some states, the term negligent homicide replaces the terminology of manslaughter (involuntary) with similar defining. Unintentional killing(s) in which the actor(s) should have known they were creating substantial and unjustified risks of death by conduct that grossly deviated from ordinary care summarizes the relationship between the definitions of these terms (Samaha, 2002, p. 536).
Elements and Types of Involuntary Manslaughter
Three versions of manslaughter (involuntary) exist. Involuntary manslaughter is separated into criminal reckless manslaughter, (gross) criminal negligence manslaughter, and unlawful or misdemeanor manslaughter. They vary by their degree of Mens Rea, or the mental mindset of the person committing the crime. A person who is held aware is also viewed more responsible for his or her actions. The Mens Rea element is the creation of risk involved with killing or seriously injuring another person either recklessly or negligently. All the other aspects are the same. The Actus Reus, the actual act constituting a criminal offense, is the killing of another person. The circumstance is the death during the commission of the unlawful act and the causation is any act that triggers a chain of events, which lead to the death of another person. The result obviously is the death of this other person (Samaha, 2002, p. 372).
Black’s Law Dictionary with Pronunciations, sixth edition defines the following terms: manslaughter, involuntary, and accidental killing. It states manslaughter as "the unjustifiable, inexcusable and intentional killing of a human being without deliberation, premeditation and malice." The definition continues to include "the unlawful killing of a human without deliberation, which may be involuntary, in the commission of a lawful act without due causation and circumspection" (1992, p. 964). Specifically, the defining of the term involuntary "is that which is performed under duress, force, or coercion" (1992, p. 827). Accidental killing on the other hand is in contrast to involuntary. It is defined as "an act which is lawful and lawfully done under a reasonable belief that no harm is possible" (1992, p. 16).
