Vehicular Homicide
Causing death through reckless motor-vehicle operation likely to kill or cause great bodily harm.
Florida Statute
§ 782.071
Vehicular Homicide
Verified against the 2026 Florida Statutes: September 16, 2026
Quick Summary
Vehicular homicide requires operation of a motor vehicle in a reckless manner likely to cause death or great bodily harm, causing a human being’s death or an unborn child’s death through injury to the mother. Ordinary negligence or a fatal outcome alone is insufficient; document the dangerous manner of driving and causation. The first-degree track requires specified failure-to-give-information/aid facts with crash awareness, or a qualifying prior homicide/manslaughter conviction. Impairment is not an element of this offense.
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Summary sources
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Baseline vehicular homicide
F.S. 782.071(1)(a)
Reckless operation AND resulting death.
Failure to give information and render aid
F.S. 782.071(1)(b)
Knowledge or constructive knowledge of the crash AND failure to meet 316.062 duties; knowledge of injury or death is not required.
Qualifying prior homicide conviction
F.S. 782.071(1)(c)
Prior vehicular homicide, DUI manslaughter, BUI manslaughter, OR vessel homicide under the listed statutes.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
AND — all applicable requirements
The defendant operated a motor vehicle recklessly in a manner likely to cause death or great bodily harm to another.
Plain language: Prove this requirement and any alternatives stated within it.
- Element 2AND — Required
AND — all applicable requirements
That reckless operation caused the death of a human being OR an unborn child through injury to the mother.
Plain language: Prove this requirement and any alternatives stated within it.
- Element 3Conditional
Additional charge-specific facts
For the leaving-scene enhancement, ALSO prove the defendant knew or should have known the crash occurred AND failed to give information and render aid under 316.062. Alternatively, establish a qualifying prior homicide conviction for the recidivist enhancement.
Jury Instructions
Jury Instructions
Instruction 7.9
Vehicular Homicide
Includes the leaving-scene track and commentary on the qualifying prior-homicide enhancement. Select motor vehicle, not vessel, alternatives.
View Official InstructionVerified against the official instruction source: September 16, 2026
Important Definitions
Important Definitions
Reckless manner
Willful or wanton disregard for safety; more than ordinary negligence. Intent to injure is not required.
Additional Notes
Additional Notes
Quick Reference
Reconstruct the crash and causal chain. Do not equate ordinary carelessness with vehicular homicide; distinguish DUI manslaughter and leaving-scene charges.
Classification
Prove reckless operation and causation; impairment is not an element of this separate homicide offense. Consult the classification rows for the exact charged track; prove the additional facts for any enhancement.
Official Source
Verified against the 2026 Florida Statutes, section 782.071, on September 16, 2026. Apply the law effective on the incident date; the five-year frequency analysis is not a substitute for current charging requirements.