Homicide by Negligent Operation of a Vehicle Lawyer in Wisconsin

What the Law Says About Homicide by Negligent Operation of a Vehicle

Under Wis. Stat. § 940.10, a person is guilty of this offense if they cause the death of another human being by the negligent operation or handling of a vehicle. Unlike reckless homicide, which requires awareness of an unreasonable risk, this statute involves criminal negligence – a failure to recognize a substantial and unreasonable risk that a reasonable person would have perceived.

The law distinguishes criminal negligence from ordinary carelessness. It requires proof that the driver’s actions created a substantial risk of death or great bodily harm, that the risk was unreasonable, and that the driver should have been aware of the danger.

What the State Must Prove in Homicide by Negligent Operation of a Vehicle Cases in Wisconsin

To convict someone of homicide by negligent operation of a vehicle, the prosecution must establish beyond a reasonable doubt that:

1. The defendant operated a vehicle;
2. The defendant operated that vehicle in a manner constituting criminal negligence, meaning:
   • The conduct created a risk of death or great bodily harm;
   • The risk was unreasonable and substantial; and
   • The defendant should have been aware of that risk;
3. The defendant’s criminally negligent operation caused the death of another person – that is, the act was a substantial factor in producing the death

Evidence of a traffic-safety violation—such as speeding, running a red light, or texting while driving—may be relevant, but it does not automatically establish criminal negligence. The jury must consider all circumstances to decide whether the defendant’s conduct met the criminal standard.

These elements are detailed in Wisconsin Jury Instruction – Criminal 1170 Homicide by Negligent Operation of a Vehicle