In general, the difference between murder and manslaughter is that murder requires an intent to kill (or to inflict great bodily injury), but manslaughter does not. Thus, a defendant does not have to intend to kill or injure anyone in order to be guilty of vehicular manslaughter. To be convicted of vehicular manslaughter in most jurisdictions, the prosecution must prove, beyond a reasonable doubt, that:
the driver operated a motor vehicle in a reckless or grossly (severely) negligent manner, and
the driver’s conduct caused a fatality.
Reckless or grossly negligent conduct poses a more severe and obvious threat of death than mere carelessness or simple negligence. Recklessness and gross negligence can be shown in a variety of ways, such as driving under the influence of drugs or alcohol or violating certain traffic laws, like speeding, texting while driving, or deliberately running a red light. Ignoring a warning not to drive while taking prescription medication could also constitute reckless and gross negligence, and so could driving with a known medical condition that could affect your ability to drive safely. The extent of the danger created by the driver’s actions will usually determine whether the defendant is charged with simple or aggravated (meaning more serious) vehicular manslaughter. Aggravated felonies carry stiffer penalties.
