Legal Question in Traffic Law in Virginia
vehicle accident
My friend was hit and killed while riding his motorcycle. This happened in Virginia, where he lived. The guy that killed him was ''distacted'' by his cell phone. He side swiped a Suburban, before hitting my friend head-on. He is charged with RECKLESS DRIVING!!! Why NOT MANSLAUGHTER!!? Is a civil suit an option? Thank you for your time and service.
1 Answer from Attorneys
Re: vehicle accident
Yes, a civil suit (wrongful death) will almost certainly be an option for the victim's bereaved family, but, probably not until the criminal matter
has been settled.
As to why the alleged perpetrator has only been charged with reckless driving
and not at least involuntary manslaughter, that's a question for the prosecutors, but the answer likely has something to do with Virginia prosecutors not having much luck in making serious felony charges like manslaugher stick in these kinds of case scenarios.
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