Can You Go To Jail For Accidentally Killing Someone In A Car Accident? (2026)

Can You Go to Jail for Accidentally Killing Someone in a Car Accident?

The term “car accidents” implies a lack of intentionality, so it might seem like you wouldn’t face criminal charges for inadvertently causing a fatal crash. However, if you were incredibly negligent or certain aggravating factors were present, you could be charged with a crime. If convicted, there’s a very real chance you’ll go to jail or prison.

When Is a Fatal Car Accident Considered a Crime?

Not all fatal car accidents will result in criminal charges. The law recognizes a difference between civil liability for simple negligence and criminal liability for criminal or gross negligence.

Although states differ in defining criminal negligence, they often focus on the degree of departure from reasonable care. For example, Missouri defines criminal negligence as a “gross deviation” from the standard of care. By contrast, simple or civil negligence only requires the lower standard of a failure to exercise reasonable care.

Additionally, some states use specific terms like “homicide by vehicle” or “intoxication manslaughter.” These terms impose additional legal requirements to bring criminal charges for a fatal car crash.

What happens if you kill someone in a car accident? The exact crime you’re charged with will vary based on your state and the circumstances of the accident. These are some of the most common charges:

Vehicular Homicide and Vehicular Manslaughter

“Killing someone in car accident” charges can include vehicular homicide and manslaughter. These crimes are very similar, and both involve causing someone’s death while driving a car negligently or illegally.

The definition of each one varies depending on your state. Generally, though, vehicular homicide involves a higher degree of recklessness or negligence. It is often (but not always) a felony.

For example, you might be charged with vehicular homicide if you hit and kill someone while driving recklessly or while under the influence of alcohol or drugs. If you hit and kill someone while committing a comparatively minor infraction (like running a stop sign) you may be charged with vehicular manslaughter.

One of the main differences between vehicular homicide and vehicular manslaughter is the degree of the offense. Homicide is often classified as a serious felony, while manslaughter may be a low-level felony or a high-level misdemeanor.

With the higher degree of criminal culpability comes additional proof. For example, a prosecutor might need to prove recklessness for vehicular homicide based on extreme speeding, DUI, street racing or other conduct that creates a substantial and unjustifiable risk.

Reckless Homicide and Criminally Negligent Homicide

In some states, you might face charges of reckless homicide or criminally negligent homicide. Like vehicular homicide and vehicular manslaughter, these cases have slightly different definitions:

• Reckless homicide involves being aware of and disregarding the fact that you’re putting others at risk.
• Criminally negligent homicide involves failing to notice a risk that most reasonable people would.

In other words, reckless homicide involves intentionally risking the lives of others, but criminally negligent homicide does not. Both are usually felonies, but reckless homicide is a more serious charge.

DUI and Fatal Car Accidents

Driving while under the influence of alcohol or drugs can result in more significant charges if the collision resulted in a death. A DUI charge could mean a mandatory jail sentence in some states if it resulted in serious injuries or deaths. If you have been previously charged with driving while being above the legal alcohol limit, the penalties can be even more severe.

Unfortunately, fatal car accidents and DUIs are often connected. As many as 34 people die every day in the United States in drunk-driving crashes.

Car Accident Fatalities in the U.S. by Year

Over the past decade, traffic deaths in the United States have remained consistently high, with annual fatalities ranging from approximately 39,000 to 43,000. The chart below highlights year-by-year totals, helping illustrate the ongoing severity of fatal crashes nationwide.

Possible Consequences of a Conviction

Upon conviction for a fatal car accident, your sentence will depend on the offense and any aggravating factors, such as prior convictions, intoxication, extreme speeding and the number of victims. The difference between a misdemeanor vs. felony is the length of imprisonment. The maximum misdemeanor sentence is usually one year in jail, whereas a felony sentence can exceed one year of imprisonment.

In addition to jail or prison time, a judge may impose the following penalties:

• Restitution to the victim’s family
• Community service
• Fines

If your conviction resulted from impaired driving, you may be sentenced to mandatory drug and alcohol treatment. The state may also require you to install an ignition interlock device that prevents you from driving with any measurable amount of alcohol on your breath.

If you’re arrested after causing a fatal car accident, you should retain a criminal defense attorney as soon as possible. The stakes you’re facing are very high. Penalties for a conviction will vary by state, but if you’re convicted of vehicular homicide or a similar crime, you may face consequences like these:

Jail or Prison Time

If you’re convicted of a misdemeanor offense, you will likely be sentenced to up to a year in jail. If you receive a felony conviction, you’ll be sent to prison—possibly for multiple years.

Fines

Criminal convictions don’t only impact your freedom. They can also have a damaging effect on your finances. A conviction may lead to hundreds or thousands of dollars in fines. The more serious the charge, the higher the fine is likely to be.

License Suspension

In most cases, causing a car accident that results in death will lead to a driver’s license suspension. The length of suspension can vary considerably. Some misdemeanor convictions only result in your license being suspended for a few months, while license suspensions for felonies may last years.

If your offense involved driving under the influence of alcohol or drugs, your license suspension may be even longer. In some instances, your attorney might be able to help you get a limited driving privilege so you can drive to work or school.

Probation

In certain cases, you may be placed on probation. While not as restrictive as being in jail or prison, probation often requires you to abide by certain guidelines. You may have to submit to drug tests, regularly meet with a probation officer, or follow a curfew. If you violate the terms of your probation, you can be sent to jail or prison.

Criminal Record

Even after you’ve paid your fines and served your time, a criminal conviction can still cause substantial issues. Any charge involving homicide or manslaughter can make securing employment more difficult. In some locations, you may also have trouble securing housing.

What About Civil Consequences?

If you cause a car accident that kills someone, criminal charges aren’t the only consequences you need to be concerned about. The family of the deceased may file a wrongful death lawsuit against you.

If you’re sued, you should contact an attorney who focuses on personal injury defense. These professionals share some similarities with criminal defense attorneys, but instead of advocating for you in a criminal court, they do so in a civil capacity.

If you have car insurance, your insurance provider may pay for your attorney and cover any settlement up to your policy limits. If you don’t have insurance, navigating a civil case becomes more difficult. You may need to pay for a lawyer out of pocket, and if you lose the lawsuit, you may have to pay compensation to the family of the deceased.

The criminal and civil systems operate separately. Thus, you could avoid or be acquitted of criminal charges while still facing and losing a wrongful death action.

First, wrongful death can occur as a result of simple negligence. This means a wrongful death lawyer only needs to prove that the death resulted from a failure to exercise due care. Second, a wrongful death attorney only needs to prove a case by a preponderance of the evidence, which means “more likely than not.” By contrast, criminal cases must be proven beyond a reasonable doubt. If jurors have any doubts, they can acquit the defendant.

When someone loses a civil case, they are liable for the family’s damages, including funeral costs and lost income. If the damage award exceeds the at-fault driver’s policy limits, they are responsible for the difference.

Defenses Against Criminal Charges After a Fatal Car Accident

Whether you face charges of an aggravated DUI or reckless driving that led to a death, you must hire a defense attorney who can help you fight for your freedom. The prosecution must prove that your actions directly led to the death of someone else. This is not always as simple as it may appear.

• Vehicle Malfunction: If your vehicle malfunctioned, for example, the prosecution’s case will lack causation. This is a strong defense that your attorneys can rely on.
• Medical Emergency: It’s also possible to state that you had a medical emergency. If you suffered a stroke or lost consciousness for any medical reason, it will be very difficult for you to be held responsible for the death of someone else. That doesn’t apply, however, to losing consciousness because of intoxication.
• Unpredictable Road Event: Another defense is to prove that there was an event on the road that was impossible to predict. If an animal ran in front of your vehicle or cargo fell off a truck and you maneuvered to avoid a crash, you may not be found criminally liable for any resulting deaths.
• Self-Defense: In some circumstances, it’s also possible to avoid charges by claiming self-defense. If you swerved to avoid the reckless driving behaviors of another person, the other party can be liable, not you.
• Challenging Evidence: If you’ve been charged with reckless driving or even with a DUI, you can challenge the evidence that the prosecution is using against you. Field sobriety tests are notoriously unreliable, and you may have had a reason to drive in the manner that you did. Challenging witnesses and breathalyzer results can be an effective strategy for many.

All of these defenses are case-specific, so it’s essential to consult with a criminal defense attorney to find the best option for your circumstances. You should never attempt to go through this process without legal representation.

Have You Been Charged With a Crime?

It’s easy to feel paralyzed with guilt if you caused a car accident that resulted in death. However, if you find yourself charged with vehicular homicide or a similar crime, you must act to protect yourself. If you’ve been arrested and charged, you should choose a defense attorney with experience defending people involved in fatal auto accidents.

Not sure how to find the right attorney? Let us help. At ConsumerShield, we understand that navigating the legal system can be stressful—especially if you’ve never had to do it before. That’s why we’re committed to putting people like you in touch with experienced, qualified attorneys. Fill out our contact form to get started with your free case review.