A driver who caused the death of a person in an accident faces one of three possible charges, and the gap between them is enormous: causing death by negligence (Section 64 of the Traffic Ordinance), when the driver was not aware of the risk but a reasonable person would have been aware of it: up to 3 years of imprisonment and disqualification.
The legal scale after a fatal accident
A driver who caused the death of a person in an accident faces one of three possible charges, and the gap between them is enormous: causing death by negligence (Section 64 of the Traffic Ordinance), when the driver was not aware of the risk but a reasonable person would have been aware of it: up to 3 years of imprisonment and a minimum disqualification; reckless manslaughter (Section 301G of the Penal Law), when the driver was aware of the risk and hoped it would not materialize, drunk driving, wild speeding, dangerous overtaking: up to 12 years of imprisonment; and murder or homicide by indifference in extreme cases. The classification of the charge is the central legal battle, and it is determined to a large extent by the findings of the traffic accident investigators and the driver's statement in interrogation.
The investigation: traffic accident investigators and the scene
A fatal accident is handled by traffic accident investigators: scene measurements, speed calculations based on skid marks and damage, "black box" data from the vehicles, cameras, and location data. The investigator's expert opinion is the central piece of evidence, and it can be challenged through a traffic accident investigator on behalf of the defense: a difference of just a few kilometers per hour in the speed calculation, or the question of the pedestrian's visibility, decides cases. The driver is questioned under caution, usually close to the event and while in shock, and must not give a technical version before receiving advice.
The other side as well: the families of those killed
Families whose loved one was killed in an accident are entitled to support in the process: monitoring the investigation, an appeal against the closing of a case, victim statements, a position regarding plea agreements, and compensation. The family's voice actually affects the management of the case.
Legal representation
Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents drivers in fatal and serious accident cases, works with traffic accident investigators on behalf of the defense, and accompanies victims' families. These are cases that are determined in the first days: contact us immediately.
The legal scale after a fatal accident — what is important to know?
A driver who caused the death of a person in an accident faces one of three possible charges, and the gap between them is enormous: causing death by negligence (Section 64 of the Traffic Ordinance), when the driver was not aware of the risk but a reasonable person would have been aware of it: up to 3 years of imprisonment and a minimum disqualification; reckless manslaughter (Section 301G of the Penal Law), when the driver was aware of the risk and hoped it would not materialize, drunk driving, wild speeding, dangerous overtaking: up to 12 years of imprisonment; and murder or homicide by indifference in extreme cases. The classification of the charge is the central legal battle, and it is determined to a large extent by the findings of the traffic accident investigators and the driver's statement in interrogation.
The investigation: traffic accident investigators and the scene — what is important to know?
A fatal accident is handled by traffic accident investigators: scene measurements, speed calculations based on skid marks and damage, "black box" data from the vehicles, cameras, and location data. The investigator's expert opinion is the central piece of evidence, and it can be challenged through a traffic accident investigator on behalf of the defense: a difference of just a few kilometers per hour in the speed calculation, or the question of the pedestrian's visibility, decides cases. The driver is questioned under caution, usually close to the event and while in shock, and must not give a technical version before receiving advice.
The other side as well: the families of those killed — what is important to know?
Families whose loved one was killed in an accident are entitled to support in the process: monitoring the investigation, an appeal against the closing of a case, victim statements, a position regarding plea agreements, and compensation. The family's voice actually affects the management of the case.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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