QUESTION

Is it considered manslaughter when an intoxicated driver kills a passenger?

Asked on Jun 12th, 2013 on Personal Injury - California
More details to this question:
What happens in a case where the driver is intoxicated and kills passenger, but the driver is also killed? Is it reported as manslaughter? Or can a judge take the blood alcohol test as evidence from toxicology report on driver and decided to not change cause of death or just "sweep it under the rug" at his discretion?
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8 ANSWERS

Personal Injury Attorney serving Midvale, UT at Arrow Legal Solutions Group, P.C.
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They usually don't prosecute dead people, but you can sue civilly.
Answered on Jun 15th, 2013 at 6:46 AM

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Ronald A. Steinberg
Well, you file a lawsuit against the estate of the deceased driver, and then go to Probate Court to have a representative appointed for the estate to accept the service of process. Have the representative give the suit papers to the insurance company of the deceased driver. You will have to prove that the dead drunk was dead wrong, which will be difficult since neither he nor the passenger can testify. Now, if the dead drunk dead driver was drunk when the drunk passenger got into the car, that could be considered as "assumption of the risk" or perhaps "comparative fault" by the passenger. That could result in the case being lost.
Answered on Jun 13th, 2013 at 2:49 PM

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Since the driver died, there will not be any criminal charges brought. But, the estate or relatives of the passenger can sue the estate of the driver and its insurance company for negligence and wrongful death. Get a good personal injury lawyer immediately and make a claim against the driver's estate and insurance policy.
Answered on Jun 13th, 2013 at 10:54 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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There are two separate things going on. The passengers death is probably blunt force trauma from a car accident. If the driver had not died, he or she could have been charged with manslaughter. But since the driver is dead, no charges are filed.
Answered on Jun 13th, 2013 at 10:44 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Nothing happens criminally. The bad guy is dead. Civilly you can sue the bad guys estate. If he has insurance or has an estate of any size you might expect to recover money damages. I don't know what you mean about the rug comments.
Answered on Jun 13th, 2013 at 10:32 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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Well, first of all, there are no criminal charges to be brought because the suspect of the crime is dead. When you say "reported" I do not know what you mean. A pathologist or coroner will likely issue a death certificate with a cause of death. However, crimes, such as manslaughter, as well as who is at fault, are irrelevant to the cause of death, and will not likely be discussed on the death certificate. Judges do not normally get involved in what is listed as the cause of death. Medical personnel will likely do toxicology tests on the driver and determine whether alcohol was in his/her system. This may or may not be reported in official records of the accident and deaths. The estate of the deceased passenger can sue the estate of the driver. If he had liability insurance, which he should have had, the insurance will pay whatever damages the estate can prove. In pursuing this suit, the passenger's estate would have a right to all medical records including any toxicology reports. I doubt that anything will be swept under the rug.
Answered on Jun 13th, 2013 at 8:53 AM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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You need to ask the question under the criminal forum. Civilly, the estate of the driver is responsible for damages.
Answered on Jun 13th, 2013 at 8:53 AM

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The passengers estate and immediate relatives might have a dram shop cause of action.
Answered on Jun 13th, 2013 at 8:53 AM

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