Could You Face Criminal Charges When Someone Else Dies By Accident?

When someone dies unexpectedly due to an accident, it’s a tragedy for everyone involved.

But under California law, the circumstances and decisions leading up to that death are carefully scrutinized — especially the actions or omissions of other people involved.

Even if there was no intent to harm, a person whose negligence or recklessness contributed to the death may face serious criminal charges. In these cases, prosecutors closely examine the mental state of the individual whose actions caused the death, specifically looking for the presence of “malice,” a key factor determining whether the situation could be murder or manslaughter.

Understanding murder charges in accidental death cases

In California, murder is defined by Penal Code §§ 187–189 as the unlawful killing of a human being with malice aforethought.

Malice can either be express, meaning a person specifically intended to kill, or implied, meaning that a person engaged in conduct they knew posed a serious risk of death but deliberately ignored that risk.

Even without intending to harm another, actions that demonstrate a conscious disregard for human life can lead to murder charges.

A notable example is the “Watson murder,” stemming from the California Supreme Court decision in People v. Watson (1981). In this landmark case, a driver with prior DUI convictions ran multiple red lights and caused two deaths. The court concluded that the driver’s decision to drive intoxicated — knowing the high risk involved — constituted implied malice, warranting second-degree murder charges.

Thus, murder charges in accidental deaths usually arise in scenarios where an individual’s reckless or deliberately dangerous behavior results in fatal consequences.

For instance, a repeat DUI offender who knowingly drives drunk again and kills someone, or a street racer driving recklessly through populated areas, might face murder charges under the implied malice doctrine. A conviction for second-degree murder typically carries a sentence of 15 years to life in prison, reflecting the gravity with which the justice system treats such acts.

Manslaughter: Deaths caused by criminal negligence

If prosecutors determine there was no malice involved — meaning the person did not intentionally or consciously disregard a known risk — then charges typically shift from murder to manslaughter.

Under California Penal Code § 192(b), involuntary manslaughter applies when death results from an act of criminal negligence, rather than malicious intent or conscious disregard for life.

Criminal negligence is more serious than ordinary negligence, which usually only results in civil liability (lawsuits). Criminal negligence involves conduct significantly below the standard expected of reasonable people, behavior that creates an obvious and substantial risk of death. A distracted driver who accidentally runs a stop sign and fatally injures another driver could be charged with involuntary manslaughter if their behavior showed a blatant disregard for safety, such as texting while speeding excessively.

Involuntary manslaughter charges often arise in workplace fatalities as well.

If an employer knowingly violates mandatory safety regulations and this violation directly results in a worker’s death, that employer may be charged criminally — even without intending to cause harm. Sentences for involuntary manslaughter typically range from two to four years in prison.

Vehicular manslaughter: Negligent driving leading to death

When deaths occur specifically in traffic-related incidents, California law provides the separate charge of vehicular manslaughter (Penal Code § 192(c)). This charge distinguishes between two levels of negligence:

  • Gross negligence – Significantly reckless driving, such as speeding, aggressive maneuvers, or severe violations of traffic laws, can lead to felony vehicular manslaughter, carrying penalties of up to six years in prison.
  • Ordinary negligence – Less severe mistakes like briefly inattentive driving can result in misdemeanor vehicular manslaughter charges, punishable by up to one year in county jail.

Moreover, DUI-related fatalities fall under separate statutes (Penal Code §§ 191.5(a) and (b)).

DUI manslaughter can lead to serious felony charges, especially when prosecutors determine gross negligence or implied malice was present — like driving while severely intoxicated or having multiple prior DUIs.

How prosecutors in Los Angeles County approach accidental death cases

In Los Angeles County, prosecutors carefully evaluate the details leading to an accidental death.

They specifically assess whether the accused acted with implied malice (conscious disregard of risk) or only criminal negligence (careless but not consciously dangerous). Under recent DA policies, prosecutors continue to vigorously pursue murder charges in cases where reckless conduct clearly endangered life, such as repeat DUI offenders or individuals engaging in street racing.

However, for situations where reckless behavior was less severe or where the accused demonstrated momentary lapses of judgment rather than deliberate disregard, prosecutors typically charge involuntary or vehicular manslaughter.

While DA policies have aimed to minimize sentencing enhancements and seek alternatives to incarceration for lesser offenses, accidental deaths involving clear criminal negligence or malice remain aggressively prosecuted.

When does an accident become criminal?

Consider these realistic scenarios illustrating how California law distinguishes between accidental deaths and criminal liability:

  • Repeat DUI offender – A driver with multiple prior DUIs becomes intoxicated again and drives home. Along the way, he strikes and kills a pedestrian. Due to his prior history and clear knowledge of the risks, prosecutors would likely file second-degree murder charges (Watson murder).
  • Fatigued, speeding driver – A sober driver, significantly fatigued but choosing to speed, falls asleep at the wheel, crosses lanes, and causes a fatal crash. This could support felony vehicular manslaughter due to gross negligence, though murder charges would be less likely unless extreme recklessness can be proven.
  • Workplace violation – A contractor knowingly cuts corners on critical safety inspections of scaffolding, causing a deadly fall. The contractor’s intentional disregard for mandatory safety rules may result in involuntary manslaughter charges due to criminal negligence.

Defense strategies for complex accidental death cases

Defending against criminal charges arising from accidental deaths requires precise strategies tailored to the specific circumstances.

In murder cases, a defense attorney’s main task is to challenge the prosecution’s claim of implied malice, emphasizing that the accused did not knowingly or intentionally disregard a substantial risk of death. Expert evidence — such as accident reconstruction, toxicology, and safety analysis — can be critical in demonstrating the lack of malice or reckless intent.

In involuntary or vehicular manslaughter cases, defense counsel typically seeks to establish that the conduct amounted only to ordinary negligence rather than criminal negligence. Demonstrating the defendant’s general adherence to safety standards, compliance with relevant laws, or the unforeseeable nature of the tragic outcome can greatly influence the severity of the charges and potential sentencing.

When someone’s actions accidentally lead to another’s death, the stakes become incredibly high.

Criminal charges can arise quickly, and prosecutors act decisively. Robert M. Helfend has decades of experience defending Californians charged with murder and manslaughter.

If you or someone you care about is facing criminal charges following an accidental death, swift and knowledgeable legal action is essential.

Contact Helfend Law Group at (800) 834-6434 for a free, confidential consultation. We will thoroughly review your case, clarify your rights, and advocate aggressively on your behalf — aiming for dismissal, charge reduction, or a favorable outcome at trial.

Published May 2, 2025