Practice Areas · Criminal Defense
Vehicular Manslaughter
San Diego Criminal Defense
Vehicular Manslaughter in San Diego
Few cases carry the weight of a vehicular manslaughter matter. Someone died. Two very different people end up here. You may be a family that lost someone to a driver who never should have been on the road, trying to understand the criminal case and whether you have a claim of your own. Or you may be the person the state is pointing at. Crudo Law works both sides, so read what applies to you.
The charge depends heavily on the facts. At the most serious end, when a death occurs and alcohol or drugs were involved, prosecutors may file gross vehicular manslaughter while intoxicated under Penal Code 191.5. Without that factor, a fatal crash can be charged under Penal Code 192(c), which itself splits into gross negligence and ordinary negligence. The gap between these is enormous, and it drives the penalties and the defense.
The common thread is negligence. The state has to prove the driving fell below the standard of care and that this caused the death. Accidents happen to careful drivers, and a tragic outcome does not by itself prove a crime. For a family, the criminal case is run by the district attorney and puts nothing toward your loss. That comes through a separate civil wrongful death claim, which follows its own rules and its own deadline.
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PC 191.5 / 192(c)
Charges we defend
Both sides
Family or accused
Direct
You work with Joe
By the Numbers
Vehicular Manslaughter, by the numbers
40,9011
People killed in U.S. motor vehicle traffic crashes in 2023
An estimated 2,442,581 more people were injured. NHTSA Traffic Safety Facts, 2023 data.
4,0612
People killed on California roads in 2023, down nearly 11% from 4,539 in 2022
California Office of Traffic Safety, 2023 (SWITRS/FARS).
2 years3
California deadline to file most wrongful-death and injury lawsuits from the date of the incident
California Code of Civil Procedure section 335.1.
Do You Need a Lawyer?
When to call a defense attorney
In a case this serious, evidence can be lost fast and deadlines can be short. Acting quickly is one of the most important things you can do.
- ✓You are charged after a fatal crash
- ✓The state alleges alcohol, drugs, or gross negligence
- ✓You lost a family member to another driver and want answers
- ✓You need to understand the criminal case and a possible civil claim
Building Your Defense
Defense strategies
Causation
This is often the heart of the case. The state has to prove your driving actually caused the death. If another driver, a road hazard, a vehicle defect, or the other person's own conduct contributed, the causal chain can break down. A fatal outcome does not prove you were the cause.
The negligence standard
Not every driving error rises to criminal negligence. The difference between gross negligence, ordinary negligence, and a simple accident is critical, and Joe works to show that what happened, however tragic, was an accident rather than a crime.
Accident reconstruction
The state's reconstruction is a theory, not a fact. Independent analysis of speed, impact angles, and vehicle positions can produce a very different picture, and Joe uses qualified analysis to test it.
The investigation and the science
How evidence was collected, whether statements were lawfully obtained, and, where intoxication is alleged, how any chemical testing was handled all become part of the fight.
The Process
How your case moves forward
A vehicular manslaughter matter runs on two tracks. Here is how they move.
- Free consultation
- Joe listens, on either side, and gives you a straight read on what you are facing at no cost.
- Preserve and investigate
- We move to preserve the scene evidence, obtain independent reconstruction, and examine whether the state's theory holds up.
- Two tracks
- For the accused, we contest negligence and causation. For a family, a civil wrongful death claim proceeds on its own timeline, whatever the criminal case does.
- Resolution
- For the accused, that can mean a reduction, a dismissal, or a negotiated outcome. For a family, it is accountability and support for your loss.
Frequently asked
Common questions
What is the difference between the vehicular manslaughter charges?+
California recognizes several levels. When a death occurs and the driver was intoxicated, prosecutors may file gross vehicular manslaughter while intoxicated under Penal Code 191.5, the most serious. Without that, a fatal crash can be charged under Penal Code 192(c), which separates gross negligence from ordinary negligence. The level drives the penalties and the defense.
My family member was killed by another driver. Is the criminal case enough?+
The criminal case is run by the district attorney, and even a conviction puts nothing toward your family's loss. That comes through a separate civil wrongful death claim, which has its own rules and its own standard of proof. The two can run at the same time.
How long does my family have to file a wrongful death claim?+
In many California cases the general deadline is two years from the date of death under Code of Civil Procedure section 335.1. If a government vehicle or public entity is involved, the deadline to file a claim can be much shorter, sometimes only months. It is important to talk to an attorney early.
Can I be charged even if the accident was not entirely my fault?+
Yes, you can be charged, but fault is exactly what the prosecution has to prove. The state must show your driving caused the death and met the required level of negligence. If another driver, a road hazard, or the other person's conduct contributed, that can undercut the causation the state relies on.
Does a tragic accident automatically mean someone committed a crime?+
No. Accidents, even fatal ones, happen to careful drivers, and a terrible outcome does not by itself prove criminal conduct. The law requires the state to prove negligence and causation beyond a reasonable doubt. Showing that what happened was an accident rather than a crime is central to the defense.
Related practice areas
Sources
- National Highway Traffic Safety Administration (NHTSA), Traffic Safety Facts 2023 Data: Summary of Motor Vehicle Traffic Crashes (DOT HS 813 762) (2025). https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813762
- California Office of Traffic Safety (OTS), California Traffic Safety Quick Stats (Score Card) (2025). https://www.ots.ca.gov/ots-and-traffic-safety/score-card/
- California Legislative Information, Code of Civil Procedure section 335.1 (2024). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=335.1
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