Car Accident Attorney
Fatal Car Accidents
Unfortunately, quite a few car accidents are fatal, and end in a person’s death. In this situation, the driver guilty of the accident, is exposed to an indictment for the offense of wrongful death or manslaughter. it is important to contact an Attorney who specializes in this area of law to protect your legal rights.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
Wrongful Death
When a driver is charged with wrongful death, he law considers the offender as unaware of his behavior in the circumstances that caused the death when he should have been aware. this means that the law sees the driver as one who had no intent to kill or cause serious bodily harm but operated a vehicle with criminal negligence . That is, in the context of this offense, the driver is not charged with intent to harm or indifference to the law, but rather – lack of awareness, where a stander-ed person is likely to be aware. What is the penalty according to the law when it comes to wrongful death? up to 3 years in prison, depending on the circumstances. However, despite the existence of the said minimum sentence, professional legal representation can in many cases prevent the actual imprisonment and result in a suspended sentence and / or service work only.
Manslaughter
As previously stated, a fatal car accident can lead to an indictment for manslaughter, which is the more serious offense and the penalty provided by law for it, is up to 20 years in prison. The reason for such a fundamental difference between the offense of manslaughter and wrongful death, is the mental element attributed to the driver. In the case of wrongful death the driver is considered unaware of the possible outcome, however, in the Manslaughter offense, he is considered to have caused the accident due to recklessness, frivolity or indifference to the law, fully aware of the risk he creates in his conduct. One of the common examples in which the driver will usually be charged with manslaughter, is in the case of drunk driving. Most recently, in June 2019, Amendment 137 to the Penal Code came into force which changed the offense of manslaughter, as detailed below.
Amendment 137 to the Penal Code
As part of the amendment, the homicide offense as it used to be, was dismissed and divided into two separate offenses:
Death in circumstances of reduced liability and reckless killing The first offense relates to a person who intentionally or indifferently caused the death of a person. The punishment for this offense is up to 20 years in prison, depending on the circumstances. The second offense is the lighter of the two and is called the frivolous killing. The punishment for this offense is up to 12 years in prison. As this is a new amendment to the Penal Code, the impact of it in situations like Vehicular fatal accidents is unknown From now on, however, a driver involved in a road accident in which a person was killed is exposed to an indictment for one of the three offenses ( wrongful death, manslaughter which includes two degrees) and there is a broader level of punishment than before.
Contact us for legal representation
In a fatal road accident, the driver guilty of the accident, is liable to be prosecuted for causing wrongful death or manslaughter, an offense currently divided into two separate offenses, as set out above. Conviction for any of these offenses exposes the driver to lengthy prison sentences and therefore the importance of legal representation in these cases cannot be overstated. The attorney will first try to refute the prosecution’s evidence of the driver’s responsibility in the accident , thereby preventing the filing of the indictment against him or dismissing it as filed. If dismissal is not possible in the circumstances, the attorney will work to reduce the severity of the charge to a lesser offense. wrongful death and manslaughter are very serious and complex crimes. If you have questions about wrongful death or manslaughter or find yourself investigated for or charged with either crime, speak with a lawyer experienced in criminal defense law in immediately.
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The tort department at the law firm Moore & Co. offers professional and personal treatment on a variety of issues Related to tort law : gross negligence, personal injury claims, traffic accidents, work accidents, social security, property damage and defamation claims – injury to the good name .
Our legal services begin with the development of a comprehensive and accurate legal strategy designed to obtain a fair compensation for our clients.
With extensive experience and legal knowledge of the legal system, as well as professional treatment of hundreds of clients, we are here to assist you throughout the entire process.
Contact us at 02-595-3322 or WhatsApp 050-441-1343 to schedule a legal consultation .
At the meeting, we will discuss your right to compensation and work to ensure that you are able to exercise all of your rights.
Mor & Co. attorneys are here to assist you .
