Section 782.071: Vehicular Homicide
As Written in Florida Law:
“Vehicular homicide” is the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.
- Vehicular homicide is:
- A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
- A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
- At the time of the accident, the person knew, or should have known, that the accident occurred; and
- The person failed to give information and render aid as required by s. 316.062.
- For purposes of this section, the term “unborn child” has the same meaning as provided in s. 775.021(5).
- A right of action for civil damages shall exist under s. 768.19, under all circumstances, for all deaths described in this section.
- In addition to any other punishment, the court may order the person to serve 120 community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents, under the supervision of a registered nurse, an emergency room physician, or an emergency medical technician pursuant to a voluntary community service program operated by the trauma center or hospital.
Vehicular homicide is a serious felony offense in Florida. Under Florida Statute 782.071, a person can be charged with vehicular homicide if they cause the death of another person—or an unborn child—while recklessly operating a motor vehicle. If you or a loved one is facing this charge, it’s essential to understand what it means, what penalties you may face, and how an experienced Tampa criminal defense attorney can help.
What Is Vehicular Homicide Under Florida Law?
According to Florida Statute 782.071, vehicular homicide occurs when a person:
- Kills a human being or an unborn child,
- While operating a motor vehicle,
- In a reckless manner that is likely to cause death or serious bodily injury.
Reckless driving goes beyond simple negligence. It involves behavior that shows a willful disregard for the safety of others on the road—such as excessive speeding, racing, or distracted driving.
Felony Classifications and Penalties
Second-Degree Felony
In most cases, vehicular homicide is classified as a second-degree felony. This can result in:
- Up to 15 years in prison
- Up to $10,000 in fines
- Long-term probation and license suspension
First-Degree Felony (Aggravated Circumstances)
If the driver knew—or should have known—that a crash occurred and failed to stop and provide information or assistance as required by law (Florida Statute 316.062), the charge may be upgraded to a first-degree felony, which carries even harsher penalties:
- Up to 30 years in prison
- Longer probation periods
- Potential for enhanced sentencing under habitual offender laws
It’s important to note: the prosecution does not have to prove the driver knew someone was injured or killed—only that the driver knew an accident occurred and failed to act.
Does Vehicular Homicide Include Unborn Children?
Yes. Florida law explicitly includes the death of an unborn child caused by injury to the mother. The term “unborn child” is defined in Florida Statute 775.021(5) and applies to any stage of pregnancy.
Civil Lawsuits for Wrongful Death
In addition to criminal penalties, Florida law allows families of the deceased to pursue a civil wrongful death lawsuit under Florida Statute 768.19. This means that the accused may be held financially liable in civil court, regardless of the criminal case’s outcome.
Community Service Requirement
As part of sentencing, the court may also order the defendant to complete 120 hours of community service in a hospital or trauma center that treats accident victims. This work must be done under the supervision of qualified medical personnel and is intended to raise awareness of the consequences of reckless driving.
How a Tampa Criminal Defense Lawyer Can Help
If you’re under investigation or have been arrested for vehicular homicide in Florida, the stakes are extremely high. A conviction can result in decades of prison time, lifelong consequences, and civil liability. At the Law Office of Daniel J. Fernandez, we understand the seriousness of these charges and work aggressively to build a strategic defense based on the facts of your case.
We may challenge elements such as:
- Whether your driving met the legal definition of “reckless.”
- Whether your actions directly caused the death
- Whether your rights were violated during the investigation
Contact Us for a Free Consultation
If you or a loved one is facing vehicular homicide charges in Tampa or Hillsborough County, don’t wait to get legal help. Call us today at (813) 229-5353 or online for a free consultation. Let us help you protect your rights and your future.
Disclaimer: This page is for informational purposes only and does not constitute legal advice. Contact a licensed attorney for legal representation.