Morristown, NJ criminal defense lawyer Blair R. Zwillman explains what the prosecution needs to prove in a New Jersey vehicular homicide case. He shares that in New Jersey, as in most jurisdictions, proving a vehicular homicide case requires more than simply showing that the defendant committed an act resulting in another person’s death—whether it be a pedestrian, another driver, or any individual. The prosecution must also establish that the defendant’s conduct was reckless.

He notes that a common example of recklessness is drunk driving. If the defendant was intoxicated with a high blood alcohol level and that impairment led to a fatal crash, such conduct would clearly qualify as reckless. But recklessness is not limited to alcohol-related incidents. He points out that activities like drag racing on a public street—where drivers travel at extreme speeds without regard for others—can also be considered reckless when it results in someone’s death, whether that person is a pedestrian, another driver, or even one of the racers themselves.

He stresses that reckless conduct is more than simple negligence or a failure to exercise due care. It involves acting in a way that shows indifference to the safety and well-being of others, and this element is essential in proving vehicular homicide.

He further explains that if someone deliberately drives a vehicle into another person intending to kill, that behavior rises above recklessness—it is intentional conduct. In other situations, there may be charges of criminally negligent homicide, but in most vehicular homicide cases, the central issue is whether the driver acted recklessly or intentionally, leading to the death of another.