Death By Auto in NJ - More Common Than you Think

Although no one plans to be charged for a vehicular homicide case over a motor vehicle accident, the truth of the matter is that they are common. The Center for Disease Control and Prevention (CDC) found that in 2019 36,096 people were in killed in the U.S. from car accidents, 587 of these deaths were in New Jersey alone. From 2015 to 2019 there has even been an increase of 3,100 people in vehicular deaths. During this period the New Jersey Department of Transportation recorded 1.4 million car crashes, resulting in more than 750 accidents every day. At the Law Offices of Eric B. Morrell, we are on top of changes in the law with regards to vehicular homicide. We are familiar with how the police investigate; the county prosecutors prosecute these cases, and how the courts seek justice for all involved.

For the defendant to be charged with reckless vehicular homicide, the prosecution must show beyond a reasonable doubt that the cause of death was caused by the reckless operation of a motor vehicle. Under N.J.S.A. 2C:-2-3 causation is defined as (1) An antecedent but for which the result in question would not have occurred. (2) The relationship between the conduct and result satisfies any additional causal requirements imposed by the code or by the law defining the offense. In order to defend these types of cases, a defense lawyer, if the facts permit, should argue the chain of causation is broken by some intervening factor. Meaning the conduct of the driver didn’t cause the death but rather something else causes the death.

Culpability as defined by N.J.S.A.  2C:11-2: A person is guilty of criminal homicide if he purposely, knowingly, recklessly or, under the circumstances set forth in N.J.S.2C:11-5 of section 1 of P.L.2017, c 165 (C.2C:11-5.3), causes the death of another human being. Here, defense lawyers can try to argue the driving conduct was carelessness, if that is successfully argued to a Prosecutor, in these situations prosecutors’ office will remand that case to the Municipal level, where penalties are much less extreme than at the State level.

Motor vehicles are defined under N.J.S.A. 39:1-1 as: “Motor vehicle” includes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks, low-speed electric bicycles, low-speed electric scooters, and motorized bicycles. This definition of a motor vehicle is integral, because sometimes prosecutor’s offices can charge defendants with motor vehicle related accidents with injuries for operating items that are not considered motor vehicles under the definition.

There are two main charges that can stem from vehicular homicide: reckless homicide and aggravated manslaughter. Although they both deal with unintentional homicide, the charges have different consequences. An understanding of the difference between these two crimes will allow for a less severe result. Reckless homicide is a crime of the second degree, holding a sentence range of 5 to 10 years in prison, subject to 85% period of parole ineligibility as a part of the “No Early Release Act”, and up to $150,000 in fines. However, it is possible for a defense lawyer to argue it to a third degree if it is found that the recklessness resulted from, for example, an improper change of lanes. The third degree charge carries 3 to 5 years in prison, and a fine as much as $15,000. Additionally, a defendant can be charged with aggravated manslaughter N.J.S.A 2C:11-4, in which a driver of a motor vehicle drives in an extremely reckless matter. Aggravated manslaughter is a first degree crime, carrying a sentence range of 10 to 30 years with an 85% parole ineligibility term under the “No Early Release Act’. With an understanding of these facts, a prepared defense lawyer can argue for the degree of recklessness, dropping the aggravated manslaughter charge, thus making the reckless homicide from a second to a third degree, saving the defendant from a significantly longer penalty.

At the Law Offices of Eric B. Morrell we understand that a small mistake, whether it is negligence, recklessness, or carelessness, can result in a catastrophic accident. Having over twenty years of criminal defense experience in this field, our offices are prepared to defend you against any one of these charges. We submit that an understanding of the elements that the State needs to prove in the above charges; can greatly assist in the defense of your case. The Law Offices of Eric Morrell are “fighters not hand shakers”, and we do all we can to obtain the best results for our clients.