Legal Question in Criminal Law in Florida

Yes can someone can still be charged. However, it may be hard to get a conviction if the person complaining is saying it was accidental.

Florida Statute 782.071 defines Vehicular Homicide as follows: �Vehicular homicid� is the killing of a human being, or the killing of a viable fetus 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."

The information you've provided is insufficient to allow a meaningful discussion of the merits of the case. The witnesses opinion that it was accidental does not preclude a finding that the driving that lead to the death of another was reckless. That being said, the argument can be made that the case lacks the evidence of the element of reckless driving, based on the witnesses characterization of the driving pattern.

Vehicular Homicide is a very serious offense, ranging from a 2nd degree felony to a 1st degree felony. I urge you to retain an experienced criminal defense lawyer.