March 30th, 2010

Bitch Please
  • hooves

Vehicular Maslaughter- Police Procedures

I have a few very quick, hopefully easy-to-answer questions for what I want to be a Script Frenzy attempt:

Searches: vehicular homicide, pedestrian death, car accidents

I did find this news article which is sorrowfully recent, but my question is not answered.

I have a man (who is nameless; feel free to suggest names!) who is, I'll say: 35. He's driving out in the countryside (commuting to work, most likely). He's going the speed limit (55mph) on what will likely be a state route in an unnamed state. He drives up a hill and just as he crests the hill, on the other side, there is a young child (2-3 years old). He tries to stop by slamming on the brakes (and perhaps attempting to swerve), but the child is struck and dies.

Edited to add: There is absolutely NO negligence on the part of the driver. He was driving as expected on a country road. (Going the speed limit, sober, wearing a seatbelt.)

Edited to add also: This will take place in the United States.

Questions:

1.) Police procedure! I have no idea how to start even...thinking about it. I don't need anything hardcore/detailed-- just fairly basic information. The mother literally turned her back for a few moments, but what will happen to her for her negligence? What if she has other children? What about the driver of the car? Will he get a fine/jail time/any kind of sentencing? Any kind of basic police procedure/court proceedings will help. They will likely be a blur to all those involved, so I need to reflect that in my story, but it's worth knowing, regardless.

2.) Death is what would happen to that child, right? How bad would it look? I'm assuming closed-casket, possible cremation? I want to capture that...shock and horror the driver of the car would feel. I'm not sure whether or not the mother of the child will witness it or not. Thoughts?

3.) Would it be considered vehicular homicide? Or second-degree vehicular homicide? Would such a thing stain the driver's record, cause him to be removed from his insurance, or keep him from getting a job?

If anyone has any other thoughts regarding this scenario, feel free to share them. This piece will mostly focus on the emotional aspect of things-- from the mother to the child's possible siblings to the driver of the car, and will hopefully do so realistically. I don't want to leave anything of importance out. Thank you for your help!