Hot car deaths, also known as vehicular heatstroke, occur when a child is left in a vehicle during hot weather, leading to fatal overheating. This tragic phenomenon has garnered increasing attention due to its preventability and the heart-wrenching consequences for families and communities. Law enforcement has stepped up investigations into criminal culpability as the numbers of such deaths have increased.
Understanding the Risks
The primary factor in hot car deaths is the rapid increase in temperature inside a vehicle. Even on relatively mild days, the interior of a parked car can heat up significantly. Studies show that temperatures can rise by 20 degrees Fahrenheit (11 degrees Celsius) within just 10 minutes. This is particularly dangerous for children whose bodies heat up three to five times faster than adults.
Statistics
Each year, an average of 37 children die from heatstroke in vehicles in the United States alone, and the numbers seem to be increasing. These deaths can occur in various scenarios: a child may be accidentally left in a vehicle, a caregiver may forget the child in the back seat, or children may enter a vehicle without supervision. The circumstances and mental state of the supervising adult are crucial in determining criminal culpability.
Common Causes
- Parental Forgetfulness: The most common scenario involves a caregiver forgetting a child in the car. Stress, changes in routine, and distractions can contribute to this tragic oversight.
- Children Playing: Children may inadvertently lock themselves in a car while playing. This situation can lead to severe overheating if the child is trapped without access to ventilation.
- Intentional Acts: Adults still commonly leave children in vehicles intentionally, thinking it’s safe for a short duration. What they may not realize is that even brief periods can lead to lethal consequences.
What Causes the Death?
When a body overheats, it can suffer from heatstroke, which occurs when the body temperature rises above 104 degrees Fahrenheit (40 degrees Celsius). Symptoms of heatstroke include confusion, dizziness, and unconsciousness. Without prompt intervention, heatstroke can cause brain damage, organ failure, or death.
Children are particularly vulnerable due to their smaller body mass and inability to cool themselves efficiently. Their bodies can reach critical temperatures quickly, leading to irreversible damage within minutes.
What is the Crime?
The basic crime is child abuse, in this case neglect, leading to death. Here’s how it can be charged.
- First degree murder: If there are facts that show someone intentionally killed a child by leaving him or her in a hot car for an extended period, he or she can be prosecuted for first degree, premeditated murder – even if it was, in fact, an accident. Justin Ross Harris was convicted on this theory after failing to drop his toddler off a day care, and instead leaving him in the backseat of his SUV parked outside his work. Harris was convicted, but released after 10 years when his case was overturned on appeal.
- Second degree murder: If leaving the child in the car was intentional, but there are no facts to support an intent to kill, a supervising adult may still be charged with murder under a “depraved heart” theory. Again, there must be facts to support a level of negligence that would amount to a “cold and malignant heart.” A Rancho Palos Verdes woman was charged under this theory having left her 2 year old in a car at night with the heater running to have drinks with a friend, then fell asleep.
- Child Abuse Leading to Death: PC § 273a felony child abuse can be charged along with an enhancement PC § 12022.95 if the child dies, leading to a total prison exposure of 10 years.
- Involuntary Manslaughter: Probably the most common charge would be under this theory which is also called misdemeanor murder and carries up to a 4 year sentence.
What to Do If You See a Child or Pet in a Hot Car
If you encounter a child left alone in a hot vehicle, take immediate action:
- Assess the Situation: Look for signs of distress, such as sweating, difficulty breathing, or unresponsiveness. Is it hot out? Are windows open?
- Call for Help: If the child or pet appears in danger, call emergency services immediately. They can provide guidance and dispatch help.
- Try to Get the Child or Pet Out: If you feel it is safe to do so, try to unlock the vehicle and assist the child or pet. Breaking a window may be necessary in extreme situations, but only as a last resort.
- Stay with the Child or Pet: Provide comfort and care until help arrives. Keep the individual cool by removing excess clothing and providing water if possible.
Final Thoughts
Hot car deaths represent a preventable tragedy. Criminal charges may follow but will likely be dwarfed by the loss experienced by the parent.
If you are being investigated or charged with this form of homicide, contact Los Angeles Murder Defense Attorney Peter Sebastian to discuss your case.