Will I Go to Prison for Causing a Fatal Accident in Fort Myers?

If you have caused a fatal accident in Fort Myers, a number of questions may be running through your mind. Perhaps the most notable concern is simple: Will I go to prison? The answer to this question depends entirely on your unique circumstances. To discuss these circumstances in more detail, it may make sense to speak with a criminal defense attorney in Fort Myers. These legal professionals can help you determine the potential consequences of your crash – and they can assist you with defense strategies.

Only Certain Fatal Crashes Lead to Criminal Charges 

You may not face any criminal charges whatsoever after being involved in a fatal accident. In order to face consequences for these incidents, you must have done something wrong. For example, you might have committed some kind of traffic violation that led to the accident. Perhaps you failed to indicate before turning into the path of a cyclist. Maybe you failed to yield to a pedestrian while making a left-hand turn. Perhaps you didn’t engage your headlights, making your vehicle difficult to see at night before a crash.

That being said, a civil traffic offense resulting in death does not necessarily lead to criminal charges in Florida. Even if your traffic violation caused a fatality, it may not be considered a “criminal offense” by the authorities. Instead, you may receive only a traffic ticket. This is obviously less serious than a criminal conviction, but it still comes with certain penalties – including mandatory license suspensions or fines. Perhaps most notably, there is no possibility of incarceration with these civil penalties.

When Might I Go to Jail for Causing a Fatal Accident? 

You face the possibility of incarceration if your accident is linked with serious recklessness or a criminal offense. In many cases, there are specific criminal statutes for these kinds of driving offenses. For example, you can face heightened DUI penalties if courts determine that your intoxication led directly to someone’s death on the road.

You might also face incarceration if you flee the scene of a deadly accident – and this is a common issue involving hit-and-run pedestrian crashes. Vehicular homicide is a criminal offense in Florida that is associated with fatal accidents caused by serious recklessness – including street racing.

Note that it is also technically possible to face murder charges for fatalities on the road. To face a conviction, however, prosecutors must show that you intentionally ran someone over. These cases are usually associated with “road rage” incidents.

Find a Qualified DUI Lawyer in Fort Myers 

If you’ve been searching for a qualified, experienced DUI lawyer in Fort Myers, look no further than Foley & Wilson. Over the years, we have assisted numerous defendants – including those accused of causing fatal crashes. Although the road ahead may seem unclear, a consultation with us may provide a greater sense of confidence. Reach out today to discuss the specifics of your situation in greater detail.

Sources: 

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0782/Sections/0782.071.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.061.html