Few losses are as devastating as losing a loved one in a car accident. The pain, grief, and unanswered questions can leave families searching for closure and justice. Unfortunately, legal processes often feel like a maze, especially when criminal charges like vehicular homicide and civil wrongful death claims come into play. What do these terms mean? How are they different? And how can families seek justice?
This blog walks you through the differences between vehicular homicide and civil wrongful death, the legal processes involved, and how an attorney can help Albuquerque families pursue the support and compensation they need.
What is Vehicular Homicide?
Vehicular homicide is a criminal charge brought against a driver whose actions caused the death of another person while operating a vehicle. These cases typically focus on the presence of recklessness, impairment, or unlawful behavior, such as:
Driving Under the Influence (DUI)
Drivers impaired by alcohol or drugs often face vehicular homicide charges if their behavior results in someone’s death.
Reckless Driving
Excessive speed, aggressive driving, or ignoring traffic controls can lead to fatal results and criminal consequences.
Violation of Traffic Laws
Running a red light, illegal passing, or street racing can escalate a routine traffic violation into a life-altering situation.
Prosecutors must prove beyond a reasonable doubt that the driver's unlawful actions directly caused the victim’s death. Penalties for vehicular homicide in New Mexico can include jail time, hefty fines, and license suspension. While this criminal process focuses on public justice, it doesn’t directly address the financial and emotional losses experienced by the victim’s family.
This is where civil wrongful death claims come in.
What is Civil Wrongful Death?
While vehicular homicide is a criminal charge, wrongful death is a civil claim brought by the deceased person’s family or estate. It allows families to seek compensation for the harm they've suffered due to their loved one’s death. Unlike criminal cases, wrongful death lawsuits focus on money damages rather than punishing the wrongdoer.
Who Can File a Wrongful Death Claim in New Mexico?
Under New Mexico law, only the personal representative of the deceased’s estate can file a wrongful death claim. This person is often named in the deceased’s will or appointed by the court. The compensation awarded in a wrongful death case is distributed to the deceased’s surviving heirs, such as:
- The spouse or domestic partner
- Children or grandchildren
- Parents or siblings (if there are no surviving immediate family members)
What Can Wrongful Death Compensation Cover?
Wrongful death damages aim to help families recover from the financial and emotional burden caused by the loss. Compensation may include:
Medical Bills
Costs for care received before the individual tragically passed away.
Funeral and Burial Expenses
The high costs of end-of-life arrangements are often covered.
Lost Income
Reimbursement for wages the deceased would have earned if they had survived.
Loss of Companionship
Significant considerations include emotional suffering and loss of guidance, care, or affection.
Punitive Damages
If the driver acted with extreme recklessness or malice, additional damages could be awarded to punish their behavior.
Crucially, wrongful death claims have a different standard of proof than criminal cases. Families only need to prove liability by a preponderance of the evidence, meaning it’s more likely than not that the defendant's actions led to the death. This is a lower threshold compared to the “beyond a reasonable doubt” standard required for criminal vehicular homicide cases.
Key Differences Between Vehicular Homicide and Wrongful Death
It’s not uncommon for families to feel confused about how these legal avenues intersect. Here’s a breakdown of the key distinctions:
AspectVehicular HomicideWrongful Death
Type of Case Criminal Civil
Who Files It? The State (prosecutor) The deceased’s estate or personal representative
Purpose To punish the wrongdoer and protect public safety To compensate the family for damages and losses
Burden of Proof Beyond a reasonable doubt Preponderance of the evidence
Outcome Criminal penalties (e.g., jail, fines, license loss) Financial compensation for the grieving family
It’s important to note that these cases can run concurrently. For example, a driver may be criminally prosecuted for vehicular homicide while simultaneously facing a wrongful death lawsuit. However, the outcomes of these cases are independent of each other. A driver found not guilty in a criminal trial could still be held liable in a civil courtroom.
How Families Can Seek Justice and Support
If you’ve lost a loved one in a car accident, navigating these legal processes can feel overwhelming. Taking the following steps can help you protect your rights:
Understand Your Options
Consult an experienced attorney early on to assess whether a wrongful death claim is possible and what compensation might be available.
Preserve Evidence
Gather critical information, such as police reports, witness statements, photos from the accident scene, and any medical documentation. This can strengthen your case in both criminal and civil proceedings.
Prepare for Both Processes
While the state handles criminal cases, families may want to stay informed about their progression and cooperate when needed. At the same time, hiring a personal injury attorney to handle the civil claim ensures all bases are covered.
Avoid Settling Too Quickly
Insurance companies may offer quick settlements to close the case, but these offers often fail to consider the full extent of your loss. Consulting a lawyer ensures you don’t accept less than you deserve.
Take Time to Heal
Losing a loved one is one of the hardest experiences anyone can endure. While legal action helps bring accountability, seeking emotional support through counseling or community resources is equally important.
Why You Need a Personal Injury Attorney
Wrongful death lawsuits can be complex, involving multiple parties, detailed investigations, and nuanced legal arguments. A skilled personal injury attorney can guide you through this process, advocating for your best interests every step of the way. Here’s how they can help:
Building Your Case
To establish liability, lawyers gather vital evidence, such as traffic camera footage, witness accounts, toxicology reports, and expert testimony.
Handling Insurance Companies
Insurers often try to downplay the seriousness of claims. Your attorney ensures you’re treated fairly and fights for maximum compensation.
Explaining Legal Jargon
From deadlines to court requirements, navigating the specifics of New Mexico’s wrongful death laws can be confusing. Your attorney makes everything clear.
Providing Emotional Support
While no one can take away the pain of losing a loved one, having an experienced advocate takes some of the burden off your shoulders so you can focus on healing.
Albuquerque Car Accident Attorney
If you are in Albuquerque and wrestling with the aftermath of a vehicular-related fatality, the legal team at the Law Office of Nathan Cobb is here to help. Our seasoned attorneys specialize in both defending against vehicular homicide charges and pursuing wrongful death claims with the resolve and understanding these sensitive cases demand. Contact us today at (505) 572-1160 to explore your legal options and learn how we can assist you in achieving justice and closure.