If You Accidentally Hit Someone With Your Car And They Die, Do You Go To Jail?

If you accidentally hit someone with your car and they die, yes, you can go to jail, but it depends on the circumstances. While the death may be unintentional, you could face criminal charges ranging from misdemeanor vehicular manslaughter to felony vehicular homicide if prosecutors prove you acted with negligence, recklessness, or gross negligence. Factors like speeding, distracted driving, or driving under the influence significantly increase the likelihood of jail time, with sentences ranging from 6 months to life imprisonment depending on state laws and the severity of your conduct.

Understanding Criminal Liability in Fatal Pedestrian Accidents

When a pedestrian dies after being struck by a vehicle, the legal system evaluates whether the driver’s actions constitute criminal behavior. Not every accidental death results in criminal charges—the key factor is whether the driver violated a duty of care owed to others on the road.

What Is Negligence in Fatal Accidents?

Negligence occurs when a driver fails to exercise the level of care that a reasonable person would use in similar circumstances. The Nevada Revised Statutes defines negligence as “a want of such attention to the nature or probable consequences of an act or omission as an ordinarily prudent person usually exercises in his or her own business.”

Common examples of negligent driving that can lead to pedestrian fatalities include:

Distracted driving: Texting, eating, or using a phone while driving
Speeding: Driving too fast for road conditions or above posted limits
Failing to yield: Not stopping for pedestrians in crosswalks
Running traffic signals: Disobeying red lights or stop signs
Driving while impaired: Operating a vehicle under the influence of alcohol or drugs
Fatigued driving: Driving while drowsy or exhausted

The level of negligence directly impacts the severity of criminal charges you may face.

Criminal Charges for Accidentally Causing Death

Several criminal charges can result from accidentally killing a pedestrian with your vehicle, each carrying different penalties based on your conduct at the time of the accident.

Vehicular Manslaughter

Vehicular manslaughter, also called negligent homicide in some states, typically involves causing death through simple negligence—a mistake or lapse in judgment that a reasonable person wouldn’t have made.

Vehicular manslaughter is usually a misdemeanor charge and can result in fines up to $1,000 and imprisonment for up to 6 months, though penalties vary significantly by state.

This charge applies when:

You made an error in judgment but weren’t driving recklessly
Your actions showed negligence but not a willful disregard for safety
No aggravating factors like intoxication were involved

Vehicular Homicide

Vehicular homicide involves a higher degree of culpability than manslaughter, meaning you acted with greater recklessness or negligence. This charge is reserved for individuals who are responsible for the death of another person while acting with a “reckless disregard” for the safety of others.

Vehicular homicide is classified as a category A felony in Nevada and other states, with convictions resulting in prison sentences of 25 years to life and fines up to $10,000.

You may face vehicular homicide charges if you were:

Driving under the influence of alcohol or drugs
Racing or engaging in speed contests
Fleeing from law enforcement
Driving with a suspended license
Have multiple prior DUI convictions

Understanding how DUI offenses escalate helps illustrate why impaired driving fatalities carry such severe penalties.

If You Accidentally Hit Someone With Your Car and They Die, Do You Go to Jail?

Reckless Driving Causing Death

Reckless driving is defined as operating a vehicle “with a willful or wanton disregard for the safety of persons or property” and can result in enhanced penalties when death occurs.

Penalties for reckless driving causing death include:

Fines up to $1,000 or more
Up to 6 months in jail for misdemeanor reckless driving
Enhanced penalties if elevated to a felony charge
Driver’s license suspension
Eight demerit points on your driving record

Second-Degree Murder

In extreme cases where evidence shows you intentionally used your vehicle as a weapon to harm or kill someone, you could face second-degree murder charges.

Second-degree murder is a category A felony punishable by 25 years to life in prison and results in a permanent criminal record.

This charge requires proof that you:

Intentionally used your vehicle to strike the victim
Acted with malice aforethought
Deliberately caused harm rather than acting accidentally

Factors That Determine If You’ll Go to Jail

Whether you face jail time after accidentally killing a pedestrian depends on multiple factors that prosecutors and judges consider.

Level of Negligence

The degree of carelessness matters enormously:

Simple negligence: Momentary inattention might result in misdemeanor charges with minimal jail time
Gross negligence: Extreme departure from reasonable care increases jail time likelihood
Reckless disregard: Willful disregard for safety almost always results in significant prison sentences

Aggravating Circumstances

Certain factors make jail time more likely and increase sentence severity:

Intoxication Driving under the influence is one of the most serious aggravating factors. According to Forbes Advisor, speeding contributes to about 29% of all traffic fatalities in the U.S., while impaired driving remains a significant cause of fatal accidents.

Prior Criminal History Previous traffic violations, especially DUI convictions or reckless driving charges, dramatically increase penalties.

Multiple Victims Accidents involving multiple fatalities or injuries result in harsher sentences.

Hit and Run Fleeing the scene compounds the offense and often results in additional felony charges.

Work Zone or School Zone Accidents in protected areas carry enhanced penalties.

For more information about criminal defense strategies, see our guide on Denver criminal impersonation defense lawyers.

Your Criminal History

First-time offenders without prior traffic violations may receive more lenient treatment, including:

Probation instead of jail time
Suspended sentences
Community service alternatives
Reduced charges through plea agreements

Repeat offenders or those with extensive traffic violation histories face much harsher consequences.

State-by-State Variations in Penalties

Penalties for accidentally causing a pedestrian’s death vary significantly across states.

Examples by State

Texas

Criminally negligent homicide: State jail felony, 180 days to 2 years
Manslaughter: Second-degree felony, 2-20 years
Intoxication manslaughter: Second-degree felony, 2-20 years

California

Vehicular manslaughter: 2, 4, or 6 years in state prison
Gross vehicular manslaughter while intoxicated: 4, 6, or 10 years
Vehicular manslaughter while intoxicated: 16 months, 2, or 4 years

Florida

Vehicular homicide: Second-degree felony, up to 15 years
DUI manslaughter: Second-degree felony, minimum 4 years, up to 15 years
Leaving the scene: First-degree felony, minimum 4 years, up to 30 years

New York

Vehicular manslaughter (second degree): Class D felony, up to 7 years
Aggravated vehicular homicide: Class B felony, up to 25 years

Ohio

Vehicular manslaughter: First-degree misdemeanor, up to 6 months
Vehicular homicide: Third-degree felony, 9 months to 5 years
Aggravated vehicular homicide: Second-degree felony, 2-8 years

When You Might Not Face Criminal Charges

Not every fatal pedestrian accident results in criminal prosecution. Several scenarios may demonstrate your innocence or prevent charges from being filed.

Lack of Causation

A person may be innocent if the accident was the result of a mechanical issue with a vehicle or poor road conditions beyond their control.

Examples include:

Brake failure due to manufacturing defect
Tire blowout from road debris
Sudden mechanical failure without warning

Self-Defense or Emergency Avoidance

The accident may result from a person defending themselves or others from harm, such as applying brakes, swerving, or overcorrecting to avoid a collision.

This includes:

Swerving to avoid another vehicle and accidentally striking a pedestrian
Taking evasive action to avoid a greater harm
Responding appropriately to emergency situations

Unforeseeable Events

The death may have been caused by an unforeseeable event, such as a tree falling onto the road or an animal running in front of the car.

Other unforeseeable circumstances:

Sudden natural disasters
Pedestrian suicide attempts
Objects falling from overpasses

Medical Emergencies

If a person suffered a sudden medical emergency, such as a heart attack, stroke, or seizure, and was not in control of the vehicle, a legal team may be able to argue that they were unable to safely operate the car during the incident.

Medical emergencies must be:

Sudden and unforeseeable
Documented by medical professionals
Not caused by ignoring known health conditions

Pedestrian Fault

If the pedestrian’s actions primarily caused the accident, you may not face criminal charges. Examples include:

Pedestrian darting into traffic without warning
Intoxicated pedestrian stumbling into the roadway
Pedestrian ignoring traffic signals
Jaywalking in dark clothing at night

Understanding pedestrian accident liability helps clarify when drivers aren’t at fault.

Civil Liability vs. Criminal Charges

Even if you avoid criminal prosecution, you still face potential civil liability for wrongful death.

Wrongful Death Lawsuits

The victim’s family can file civil lawsuits seeking compensation for:

Medical expenses before death
Funeral and burial costs
Lost income and financial support
Loss of companionship and consortium
Pain and suffering
Punitive damages in cases of gross negligence

Civil lawsuits have a lower burden of proof than criminal cases—plaintiffs need only prove fault by “preponderance of evidence” (more likely than not) rather than “beyond a reasonable doubt.”

Insurance Implications

Your auto insurance may cover civil damages up to policy limits, but:

Intentional acts are typically excluded from coverage
Policy limits may not cover total damages
You’re personally liable for amounts exceeding coverage
Criminal convictions can void coverage

For employment-related issues, see our guide on wrongful termination in Hawaii.

What to Do Immediately After a Fatal Accident

Your actions immediately following a fatal pedestrian accident significantly impact both criminal and civil proceedings.

At the Scene

Stop immediately: Never leave the scene—hit and run dramatically increases penalties
Call 911: Report the accident and request emergency services
Provide assistance: Check on the victim and render aid if safe to do so
Secure the scene: Turn on hazard lights and use warning triangles if available
Do not admit fault: Avoid making statements about responsibility
Document conditions: Take photos of the scene, vehicle positions, and road conditions
Identify witnesses: Get contact information from anyone who saw the accident
Exchange information: Provide your driver’s license and insurance to law enforcement

After the Scene

Contact an attorney immediately: Speak with a criminal defense attorney before giving any detailed statements
Notify your insurance: Report the accident promptly but provide only basic facts
Preserve evidence: Keep all documents, photos, and records related to the accident
Do not discuss publicly: Avoid social media posts or public statements about the accident
Follow legal advice: Comply with all court appearances and legal requirements

After losing a loved one in a fatal car accident, it’s important to avoid discussing the details of the accident with anyone other than your car accident attorney.

For guidance on legal representation, see our article on what kind of lawyer do you need to sue a contractor.

Building a Defense

If you face criminal charges for accidentally killing a pedestrian, several defense strategies may apply.

Common Defense Arguments

Lack of Negligence Proving you exercised reasonable care and the accident was truly unavoidable.

Contributory/Comparative Negligence Demonstrating the pedestrian’s actions contributed to or caused the accident.

Mechanical Failure Showing unexpected vehicle failure beyond your control caused the accident.

Emergency Doctrine Proving you faced a sudden emergency requiring split-second decisions.

Mistaken Identity Establishing you weren’t the driver or were misidentified.

Mitigating Factors

Even if guilt is established, certain factors can reduce sentencing:

No prior criminal history
Genuine remorse and cooperation
Voluntary surrender
Character witnesses
Completion of alcohol/drug treatment (if applicable)
Community ties and employment
Restitution to victim’s family

Understanding sex crimes criminal defense strategies can provide insight into how defense attorneys approach serious charges.

The Investigation Process

Fatal pedestrian accidents trigger comprehensive investigations that determine whether criminal charges are filed.

Law Enforcement Investigation

Police conduct thorough investigations including:

Accident reconstruction analysis
Witness interviews
Vehicle examination for mechanical issues
Toxicology testing of driver and pedestrian
Review of surveillance footage
Cell phone records to detect distracted driving
Speed analysis from vehicle computers

Prosecutor’s Decision

Prosecutors review investigation findings to decide:

Whether to file charges
What charges are appropriate
Whether to offer plea agreements

This process can take weeks or months while evidence is analyzed.

Long-Term Consequences Beyond Jail

Criminal convictions for causing a pedestrian fatality create lasting consequences beyond incarceration.

Driver’s License Consequences

Suspension or revocation of driving privileges
Requirement for SR-22 insurance (high-risk driver)
Dramatically increased insurance premiums
Difficulty obtaining insurance coverage
Ignition interlock device requirements

Employment Impact

Difficulty finding employment with criminal record
Loss of current job, especially if driving is required
Professional license revocations
Immigration consequences for non-citizens

Personal Consequences

Permanent criminal record
Loss of voting rights (for felonies in some states)
Ineligibility for certain housing
Difficulty obtaining loans
Emotional trauma and guilt
Family relationship strain

For related employment issues, see our guide on wrongful termination lawyers in Albuquerque.

Common Questions About Fatal Pedestrian Accidents

Will I definitely go to jail if I accidentally kill a pedestrian?

Not necessarily. Whether you face jail time depends on the circumstances, level of negligence, and state laws. Simple accidents without negligence may result in no criminal charges, while impaired or reckless driving almost always leads to incarceration.

What’s the difference between vehicular manslaughter and vehicular homicide?

Vehicular manslaughter typically involves simple negligence and is often a misdemeanor, while vehicular homicide involves gross negligence or reckless disregard and is a felony. Vehicular homicide carries much harsher penalties, often including lengthy prison sentences.

Can I be charged if the pedestrian was jaywalking?

Yes, you can still be charged if evidence shows you were negligent, even if the pedestrian was jaywalking. However, the pedestrian’s violation may reduce your culpability or serve as a defense depending on state laws and specific circumstances.

How long does the investigation take after a fatal pedestrian accident?

Investigations typically take several weeks to several months. Complex cases involving accident reconstruction, toxicology results, or multiple witnesses may take longer. You won’t necessarily know immediately if you’ll face charges.

Should I talk to police without a lawyer?

No. While you must provide basic identifying information and stay at the scene, you should exercise your right to remain silent regarding details until you’ve consulted with an attorney. Anything you say can be used against you in criminal proceedings.

What if I’m sued even though I wasn’t charged criminally?

Civil and criminal cases are separate. You can be sued for wrongful death even without criminal charges, and you can be found civilly liable even if acquitted criminally because civil cases require a lower burden of proof.

Will my insurance cover legal fees?

Auto insurance typically doesn’t cover criminal defense costs, though some policies include limited legal expense coverage. You’ll likely need to hire and pay for a criminal defense attorney separately from any civil representation your insurance provides.

Legal Disclaimer: This article provides general information about legal consequences of fatal pedestrian accidents for educational purposes only and does not constitute legal advice. Laws vary significantly by state and jurisdiction. Individual circumstances can dramatically affect outcomes. If you’re involved in a fatal pedestrian accident, immediately consult with a qualified criminal defense attorney and personal injury lawyer licensed in your jurisdiction for advice specific to your situation. Do not rely on this article as a substitute for professional legal counsel.

Resources:

National Highway Traffic Safety Administration: nhtsa.gov
American Bar Association Criminal Justice Section: 1-800-285-2221
State Bar Associations: Contact your state’s bar for criminal defense attorney referrals
National Association of Criminal Defense Lawyers: nacdl.org

About the Author

Sarah Klein, JD, is a former civil litigation attorney with over a decade of experience in contract disputes, small claims, and neighbor conflicts. At All About Lawyer, she writes clear, practical guides to help people understand their civil legal rights and confidently handle everyday legal issues.
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