It is impossible to tell at this point on the information provided. You need to engage a criminal defense attorney, we have some in the office with forty years of practice. You insurance carrier should be providing a civil defense attorney.
I am sorry for your troubles.
To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work..
There is a charge known as moving violation causing death which can carry up to 1 year in jail. It is harsh considering that a civil infraction is ordinarily not intentional which can lead to a jail term. The offense is a misdemeanor though, not a felony like vehicular homicide or negligent homicide.
The statute for moving violation causing death is;
MCL 257.601d Person who commits moving violation causing death of another person or serious impairment of body function; other violations; "moving violation" defined.
(1) A person who commits a moving violation that causes the death of another person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.
(2) A person who commits a moving violation that causes serious impairment of a body function to another person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(3) This section does not prohibit the person from being charged with, convicted of, or punished for any other violation of law.
(4) As used in this section, "moving violation" means an act or omission prohibited under this act or a local ordinance substantially corresponding to this act that involves the operation of a motor vehicle, and for which a fine may be assessed.
It is a misdemeanor in Michigan with the max jail time of one year. You should hire a criminal defense attorney as soon as possible. Do not admit to anything and do not talk to anyone until you have consulted with an attorney. Do not plead guilty to this charge. Call an attorney today.
Kennedy Law Office, PLLC
Payment Plans Available
Disclaimer: No attorney-client relationship has been established. Please contact an attorney about your legal rights. This answer is for educational purposes only.