Traffic fatalities are always tragic, no matter what the circumstances, but they are a double tragedy when as a result, one of the drivers is faced with criminal charges. The terminology may vary from state to state, but the basic components are the same.
In Texas we have three major charges: Criminally Negligent Homicide, Manslaughter and DUI Manslaughter. The investigators role changes slightly from one charge to another, but the major components are the same.
The defense approach with the first two charges, is that the accident was unavoidable, in the case of a driver being under the influence, you strive to show the accident could have happened whether the driver was intoxicated or not.
In 1998, we had a case of criminally negligent homicide that involved a young man, driving home from work at 2:30 AM, on Interstate 35, in a rainstorm, striking a parked car and killing the driver of that....
