Traffic Accident With Fatality

When you are involved in a traffic accident that results in a fatality, charges may range from Reckless Driving to Vehicular Manslaughter and Reckless Homicide. An experienced criminal defense attorney knows how to minimize these traffic charges and consequences. The criminal defense attorneys at Bannister, Wyatt & Stalvey, LLC help you form a strong defense against charges related to reckless driving or vehicular manslaughter, and also understand how to protect you in the future from further, and often more serious, charges.

What you need to know about traffic accidents resulting in a fatality:

Traffic accidents resulting in a death carry serious consequences. While not all traffic-related deaths carry a charge or conviction, reckless homicide charges can be filed in situations where the driver at fault:

  • Fell asleep behind the wheel
  • Failed to slow down in a construction zone
  • Drove in an erratic or aggressive manner
  • Was or is suspected of driving at excessive speed or racing
  • Is suspected of DUI (meaning there is not sufficient evidence to charge the driver with felony DUI)

If convicted, those charged with Reckless Homicide, also known as vehicular manslaughter, face fines between $1,000 and $5,000, imprisonment for up to ten years and/or suspension of license for up to five years.

It is important to note that if you are charged with Reckless Driving as a result of an injury you inflicted on another, you can still be charged with Reckless Homicide if that person dies as a result of the injury. According to South Carolina state law, this charge can occur up to three years after the car accident; however, the US Constitution bars double jeopardy, or being tried for the same crime twice. An experience criminal defense attorney may be able to protect you from a reckless homicide charge depending on your situation.

What’s next?

If you are facing any charges dealing with reckless driving, reckless homicide or vehicular manslaughter, it is important to consult an experienced attorney. During an initial consultation, Bannister, Wyatt & Stalvey’s legal team will assess the strengths and weaknesses of your case and create a defense plan for current, and potentially future, charges. No two situations are alike, which is why we recommend a personal review of your case. Call our office at (864) 298-0084 to request an appointment here.


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