What Victims Need to Know about Manslaughter, Homicide, and Intoxication Manslaughter

by | Oct 30, 2023 | Car Accident, Dram Shop Law, DUI/DWI, Personal Injury, Vehicle Accident, Wrongful Death

In the state of Texas, the law takes a grave view of fatal accidents involving motor vehicles. Three distinct legal charges, vehicular manslaughter, vehicular homicide, and intoxication manslaughter, serve as legal tools to hold individuals accountable for their actions behind the wheel in cases where a person’s life is tragically lost. Understanding the key differences between these two charges is crucial, as they carry varying consequences and implications for the accused.

Anyone who operates a vehicle in Texas should be aware of intoxication-related laws, including what happens when intoxication is involved in a fatal auto accident. In the article below, the wrongful death attorneys at Kherkher Garcia shed light on the distinctions between vehicular manslaughter, vehicular homicide, and intoxication manslaughter in Texas. These laws could factor into any criminal or civil case involving an intoxicated driver who causes fatal injuries, including dram shop cases.

Defining Vehicular Manslaughter

Vehicular manslaughter is a term used to describe a specific type of crime in which an individual is charged with causing the death of another person through negligent or reckless operation of a motor vehicle. In Texas, this offense is primarily governed by Texas Penal Code Section 19.04.

The core element in a vehicular manslaughter case is the absence of intent to cause harm or death. Instead, the driver’s conduct is considered criminally negligent or reckless, leading to fatal consequences. Negligence, in this context, means a failure to exercise reasonable care under the circumstances, while recklessness involves a conscious disregard for the safety of others.

Key Factors in Vehicular Manslaughter

  • Negligence or Recklessness: The primary factor in a vehicular manslaughter case is proving that the driver was either negligent or reckless in their actions while behind the wheel. This could include behaviors such as excessive speeding, driving under the influence of alcohol or drugs, or using a mobile phone while driving.
  • Causation: There must be a direct link between the driver’s negligent or reckless behavior and the victim’s death. It is essential to establish that the driver’s actions were a substantial factor in causing the fatality.
  • Lack of Intent: Vehicular manslaughter charges do not require the prosecution to prove intent to harm or kill. Instead, they focus on the level of negligence or recklessness exhibited by the defendant.

Defining Vehicular Homicide

Vehicular homicide, on the other hand, encompasses a broader range of circumstances. In Texas, it falls under Section 19.03 of the Texas Penal Code. This offense involves causing the death of another person while operating a motor vehicle, but it is not limited to cases of negligence or recklessness. Vehicular homicide charges may be filed when a person operates a vehicle in any manner that is prohibited by law and that leads to a fatality.

Key Factors in Vehicular Homicide

  • Violation of Law: The central factor in a vehicular homicide case is the violation of a law or regulation governing the operation of a motor vehicle. This could include offenses such as driving under the influence, driving with a suspended license, or fleeing the scene of an accident.
  • Causation: Similar to vehicular manslaughter, it is essential to establish a direct link between the defendant’s unlawful conduct and the victim’s death.
  • Intentional or Non-Intentional: Unlike vehicular manslaughter, vehicular homicide charges can be filed when the driver’s actions are intentional, such as a hit-and-run, or non-intentional, such as driving under the influence without intent to harm anyone.

Defining Intoxication Manslaughter

Intoxication manslaughter is a serious criminal offense that specifically addresses fatal accidents caused by individuals who were operating a motor vehicle while under the influence of alcohol or drugs. It is governed by the Texas Penal Code Section 49.08 and carries severe penalties. The key elements of intoxication manslaughter involve the combination of intoxication and a death resulting from a motor vehicle accident.

Key Factors in Intoxication Manslaughter Cases

  • Intoxication: The cornerstone of an intoxication manslaughter case is the defendant’s state of intoxication at the time of the accident. Texas law defines intoxication as having a blood alcohol concentration (BAC) of 0.08% or higher or being impaired due to alcohol or drugs to the extent that the person lacks the normal use of their mental or physical faculties.
  • Causation: In an intoxication manslaughter case, it is crucial to establish a direct connection between the defendant’s intoxication and the fatal accident. The prosecution must prove that the impaired condition of the driver was a substantial factor in causing the death.
  • Death: As the name suggests, intoxication manslaughter deals with situations where the victim of a motor vehicle accident loses their life. If the accident results in serious bodily injury but not death, it may lead to different charges, such as intoxication assault.
  • Motor Vehicle: Intoxication manslaughter specifically pertains to incidents involving motor vehicles, including cars, trucks, motorcycles, and even boats. The defendant must have been operating a motor vehicle while intoxicated at the time of the accident.
  • Criminal Negligence: The driver’s actions must be characterized by criminal negligence. This implies that their conduct goes beyond mere negligence and is considered reckless or wanton, given the impairment caused by intoxication.

Important Legal Distinctions

In all three of the above offenses, there are key legal distinctions that determine how an incident is classified, as well as what penalties may accompany a conviction. Some important concepts to remember include:

  • Intent: The primary distinction between vehicular manslaughter and vehicular homicide lies in the driver’s intent. In vehicular manslaughter, the driver’s actions are characterized by negligence or recklessness without the intent to harm. In vehicular homicide, the intent can be either intentional or non-intentional, as long as it involves a violation of the law that leads to a fatality.
  • Recklessness vs. Violation: Vehicular manslaughter hinges on the level of recklessness or negligence exhibited by the driver. In contrast, vehicular homicide revolves around the violation of a specific law, irrespective of the driver’s mental state.
  • Penalties: Vehicular manslaughter is generally considered a lesser offense than vehicular homicide. Penalties for vehicular manslaughter in Texas can result in imprisonment for up to 20 years and a fine of up to $10,000, while vehicular homicide may lead to more severe consequences, including a prison term of up to 99 years or life imprisonment, depending on the circumstances.

Why it is Important to Know the Difference

In Texas, the legal system distinguishes between vehicular manslaughter, vehicular homicide, and intoxication manslaughter to account for the varying degrees of culpability and intent in fatal accidents involving motor vehicles. Understanding these legal distinctions is crucial for both the accused and the prosecution. It helps ensure that individuals are appropriately charged based on their actions and intent, leading to a fair and just legal process.

Ultimately, the understanding each of these laws is important because they could factor into accident cases involving an intoxicated driver. Many fatal accidents that occur on Texas roadways involve drivers who are intoxicated with alcohol or drugs. For victims, the intent and liability of those involved could be major factors in a wrongful death claim.

Get Help after a Fatal Auto Accident

At Kherkher Garcia, we have helped numerous auto accident victims and their families pursue justice and compensation. Our wrongful death attorneys work closely with families to explore relevant laws, accurately identify who is responsible, and pursue fair and just compensation. If you have lost a loved one in an auto accident involving intoxication manslaughter or homicide, contact us as soon as possible.

With a free consultation, you can explore your legal rights and the options you may have to pursue compensation. While there is no true compensation for your loss, a successful wrongful death claim can provide valuable compensation for medical or funeral costs, pain and suffering, and other losses. Find out more by calling us at 713-333-1030, or by completing our online contact form.

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Steve Kherkher

Steve Kherkher

Founding Partner and Trial Lawyer

This article was written and reviewed by Injury Trial Lawyer and Founding Firm Partner Steve Kherkher. Steve has been a practicing injury lawyer for more than 30 years. He has won $300 Million+ in Settlements and Verdicts for his clients. He is a force to be reckoned with in the courtroom and the trial lawyer you want on your side if you or a loved one have been catastrophically injured.

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