Legal Question in Criminal Law in California

Re: can i be charged

You will certainly be sued; turn that over to your insurance company to handle. You may be charged criminally, depending upon the actual facts. If you are, feel free to contact me for defense.

Re: can i be charged

Expect a lawsuit (tell your insurance company) but from the facts stated you did no crime -- although they could possibly charge you with something, who knows.

Re: can i be charged

The answer depends upon how and why you lost control of the vehicle. Were you speeding or otherwise driving recklessly? Were you paying attention to what you were doing? Were you off-road in an area where it was unsafe to drive?

If this was an accident that a reasonable person could not have avoided, then you have not committed a crime. Otherwise, there are various types of homicide charges you might face depending upon the facts.

Re: can i be charged

First of all, sorry to hear about the tragic accident. Lamentably, there is a theory upon which you can be charged. The CHP usually spends about a year doing an investigation and recommending charges/no charges. They will be looking at whether or not you were driving too fast for the road conditions. Unfortunately, a violation of that statute can be proved, leading to a misdemeanor manslaughter charge, even if you were under the speed limit. It depends upon the road, weather, etc. Good luck, feel free to e-mail with more questions.

Re: can i be charged

Charges are always a possibility, too many variables to precisely answer, Hire counsel...independent from insurance provided counsel.

DJM