If you’ve been involved in a serious car accident and now face accusations of reckless homicide or vehicular homicide in South Carolina, it’s completely natural to feel scared, overwhelmed, and uncertain about what comes next. These charges are serious and can have a lasting impact on your freedom, your driver’s license, and your future.
At Touma Law Group, we understand the stress, fear, and uncertainty of facing such charges. Our experienced homicide defense attorneys are here to guide you with care, support, and legal advice every step of the way.
If you or a loved one is dealing with these charges, don’t wait; contact Touma Law Group today for a confidential consultation. Acting quickly can make a meaningful difference in protecting your rights and your future.
What is reckless or vehicular homicide in South Carolina?
Under South Carolina Code §56-5-2910, reckless homicide (also called reckless vehicular homicide) occurs when someone causes the death of another person while driving a motor vehicle with reckless disregard for the safety of others.
Simply put, it’s when a driver’s reckless behavior behind the wheel, not necessarily intentional, but dangerous and careless, leads to a fatal traffic accident.
Reckless homicide vs. vehicular manslaughter
While these terms are often used interchangeably, there’s a slight difference:
- Reckless homicide involves driving with reckless disregard, meaning the driver knew the risk but ignored it.
- Vehicular manslaughter usually refers to deaths caused by criminal negligence, which means the driver should have known better but didn’t act with intent.
Even if the accident was not intentional, South Carolina law treats reckless disregard for safety as a criminal offense when it causes a fatality.
What actions could lead to a vehicular homicide charge?
Every traffic accident is different, but certain behaviors behind the wheel commonly lead to vehicular homicide charges.
Common causes of reckless vehicular homicide
- Driving under the influence (DUI): Alcohol or drugs impair judgment, coordination, and reaction time. Law enforcement will often test blood alcohol content (BAC) or take a blood sample after a fatal crash.
- Excessive speeding: Traveling far above posted limits, especially in residential or school zones.
- Distracted driving: Texting, talking on the phone, or even adjusting a GPS.
- Running red lights or stop signs: Ignoring traffic laws can cause deadly collisions.
- Racing or unsafe passing: Especially dangerous on two-lane roads or near intersections.
In some cases, accident reconstruction specialists, dashcam footage, traffic camera recordings, and police reports play a critical role in determining whether a driver acted recklessly.
Even if you didn’t mean to hurt anyone, prosecutors can still charge you if they believe your reckless actions directly caused someone’s death.
What are the penalties for vehicular homicide in South Carolina?
A reckless homicide conviction carries severe consequences, both criminal and personal.
Criminal penalties
- Prison sentence: Up to 10 years in prison, depending on the case
- Fines: Courts can impose heavy fines in addition to imprisonment
- Driver’s license revocation: The Department of Motor Vehicles (DMV) may revoke your license for five years or longer
Additional consequences
- A permanent criminal record that can affect jobs and housing
- Difficulty securing auto insurance or renewing vehicle registration
- Civil lawsuits from victims’ families seeking compensation for wrongful death, medical expenses, pain and suffering, or lost wages
- Requirements to complete driver improvement programs, restitution programs, or attend a reinstatement hearing before regaining your license
Keep in mind, South Carolina does not impose capital punishment for vehicular homicide, but the emotional and financial toll can still be devastating.
Should you refuse a breathalyzer test in South Carolina?
South Carolina’s implied consent law means that if you drive on public roads, you automatically agree to chemical testing (breath, blood, or urine) if suspected of DUI.
If you refuse a test
- Your driving license may be automatically suspended for up to six months (or longer for repeat offenders)
- Your refusal can be used as evidence in court to suggest guilt
- You’ll have to attend a license reinstatement hearing and show proof of financial responsibility (like SR-22 insurance) before getting your license back
Sometimes, refusing may prevent immediate evidence of blood alcohol content, but it can also make things harder legally. It’s crucial to speak with a criminal defense attorney before making that decision or as soon as possible afterward.
At Touma Law Group, our criminal defense lawyers can analyze the situation, challenge test results, and protect your rights during the entire process.
Learn More: Should I take a breathalyzer in South Carolina?
What to do if you are charged with vehicular homicide
If you’ve been arrested or questioned by the arresting law enforcement officer, here’s what you should do immediately:
Steps to protect yourself
- Stay calm and remain silent. Do not make statements to the police or insurance companies without your lawyer.
- Contact a defense attorney who understands vehicular homicide and reckless driving laws.
- Gather evidence, witness statements, police reports, dashcam footage, or medical records related to the accident scene.
- Avoid discussing the case online or with others; prosecutors can use those statements against you.
How a criminal attorney can help
- Investigate whether the fatality truly resulted from reckless behavior or from unavoidable circumstances
- Challenge the prosecution’s evidence, including accident reconstruction reports, blood samples, and dashcam recordings
- Cross-examine law enforcement and witnesses to question the reliability of their accounts
- Negotiate a guilty plea or reduced charge, if appropriate
- Work to protect your driver’s license and pursue license reinstatement
At Touma Law Group, we use every resource from reconstruction specialists to medical experts to build a strong, fact-based defense for our clients.
Can the victim’s family sue for vehicular homicide in South Carolina?
Yes. Even if you’re facing criminal charges, the victim’s family as crime victims can still file a civil lawsuit for wrongful death in civil court.
Potential damages they may seek include:
- Medical care and medical expenses related to the victim’s injuries
- Funeral and burial costs
- Pain and suffering endured by surviving family members
- Lost wages or loss of future financial support
- Property damage to vehicles or belongings
In some cases, surviving family members may also seek a restraining order if they feel threatened by the accused or want to ensure their safety during ongoing legal proceedings.
It’s important to understand that a person can face both criminal and civil proceedings for the same car accident. A skilled criminal defense attorney can coordinate with car accident attorneys to help protect your interests in both reckless homicide cases.
Defend Your Future
Facing a reckless homicide or vehicular homicide charge in South Carolina is one of the most serious legal challenges you can experience. The penalties are harsh, the process is complex, and the emotional toll can be overwhelming. But you do not have to face it alone.
At Touma Law Group, our experienced criminal defense lawyers fight to protect your rights, your freedom, and your future. We carefully review police reports, medical records, dashcam footage, and all available evidence to uncover the truth and challenge weak or biased claims.
If you or a loved one has been accused of reckless driving, DUI, or vehicular manslaughter, call Touma Law Group today at (864) 618-2323 for trusted legal guidance. The right defense attorney can make a life-changing difference in your case.
