A driver, while texting on their phone, fails to stop at a red light and strikes a pedestrian in the crosswalk, causing the pedestrian’s death. Which type of unintended killing is most applicable to this situation?
The correct answer is negligent homicide because the driver’s actions demonstrate a lack of reasonable care, which constitutes negligence. Failure to pay attention to the road while texting is considered a breach of the duty of care expected from a reasonable person under similar circumstances.
Negligent homicide differs from reckless homicide, where a person consciously disregards a substantial and unjustifiable risk. Here, the driver likely did not consciously consider the risk.
Similarly, misdemeanor manslaughter requires the commission of a misdemeanor that directly leads to the death, which is not applicable in this case as texting while driving is typically not classified as a misdemeanor.
Felony murder applies when a death occurs during the commission of a felony, which is also not relevant because no felony was committed.
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