{"id":6629,"date":"2026-10-25T02:49:02","date_gmt":"2026-10-25T02:49:02","guid":{"rendered":"https:\/\/patrickwilsonlaw.com\/resources\/vehicular-homicide-defense-attorney-south-florida\/rideshare-driver-vehicular-homicide-charge-florida\/"},"modified":"2026-10-27T14:35:21","modified_gmt":"2026-10-27T14:35:21","slug":"rideshare-driver-vehicular-homicide-charge-florida","status":"publish","type":"page","link":"https:\/\/patrickwilsonlaw.com\/resources\/vehicular-homicide-defense-attorney-south-florida\/rideshare-driver-vehicular-homicide-charge-florida\/","title":{"rendered":"Miami Rideshare Driver Vehicular Homicide Charge Defense"},"content":{"rendered":"\n
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Vehicular Homicide Defense | Miami, Miami-Dade and Broward<\/p>

Charged With Vehicular Homicide While Driving for a Rideshare App?<\/h1>

Patrick Wilson Law defends rideshare drivers across South Florida, from Broward County to the Keys, after fatal crashes. Your first consultation is free, confidential and comes with no obligation to continue.<\/p>

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By Patrick David Wilson \u00b7 Published October 24, 2026<\/p>\n\n

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A rideshare or delivery driver faces a vehicular homicide charge in Florida when the State says reckless driving caused someone’s death. The offense is a second-degree felony, and some cases are charged at a higher level. This page explains the rideshare driver vehicular homicide charge in Florida, what prosecutors must prove, the penalties, and what usually happens next.<\/p>\n

Patrick Wilson Law is a Miami criminal defense firm. It focuses on DUI, domestic violence, sexual battery and traffic homicide charges across Miami-Dade, Broward and the Florida Keys.<\/p>\n

What a Vehicular Homicide Charge Means for a Rideshare or Delivery Driver<\/h2>\n

A vehicular homicide charge is a criminal case about how a driver operated a vehicle. Florida defines the offense as a killing caused by another person’s operation of a motor vehicle in a reckless manner likely to cause death or great bodily harm (Fla. Stat. \u00a7 782.071<\/a>).<\/p>\n

The State files this charge in a criminal case. A civil claim for damages is separate. The same statute says a right of action for civil damages exists for all deaths it describes, so both can arise from one crash (\u00a7 782.071<\/a>).<\/p>\n

App work adds questions that other drivers don’t face. The charge can arise when the driver was on a trip or delivery, or when the app was off. The crash facts decide the case, and the app’s timing is one of the first facts to pin down.<\/p>\n

This page is for two readers. One is the driver who has been arrested or is under investigation. The other is the family member trying to understand what comes next.<\/p>\n\n

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If a fatal crash happened while you were working an app, you don't have to sort out the charges alone, and we're ready to talk through your facts. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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How Florida Defines Vehicular Homicide and What Penalties Apply<\/h2>\n

Vehicular homicide is generally a second-degree felony in Florida, but it is a first-degree felony in certain listed circumstances. The fine limit for a second-degree felony is $10,000 under \u00a7 775.083<\/a>, unless a higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim applies, or a statute specifically authorizes a higher amount.<\/p>\n

The first is when the driver knew, or should have known, the crash happened and did not give information and render aid as the law requires. The statute says the driver does not have to have known someone was hurt or killed (\u00a7 782.071<\/a>). A prior conviction is one circumstance that makes vehicular homicide a first-degree felony. Under \u00a7 782.071<\/a>, vehicular homicide is a first-degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person has a prior conviction under this section, s. 316.193(3)(c)3., s. 327.35(3)(a)3.c., or s. 782.072.<\/p>\n

The court may also order 120 hours of community service in a trauma center or hospital (\u00a7 782.071<\/a>).<\/p>\n

Intoxication is a separate charge. A death caused by an impaired driver is DUI manslaughter, a second-degree felony with a mandatory minimum prison term of 4 years, under \u00a7 316.193<\/a>. Vehicular homicide turns on recklessness, so a driver can face it with no alcohol or drug involvement.<\/p>\n

What the State Must Prove, and Where Defenses Are Built<\/h2>\n

The State must prove recklessness, not only that a crash happened or that someone died. Reckless driving under Florida law means driving “in willful or wanton disregard for the safety of persons or property,” and fleeing a law enforcement officer in a motor vehicle is also reckless driving per se (\u00a7 316.192<\/a>).<\/p>\n

Prosecutors often build their case on vehicle data, skid marks, crash reconstruction and witness accounts. Defense review checks each piece against the others. Key questions include:<\/p>\n