Driver Arrested for Fatal Atlanta Accident

Atlanta Municipal Court

Atlanta, Ga. - A driver was arrested in Cobb and transferred to Fulton for a fatal accident that occurred almost a month ago.

The accident occurred after the driver allegedly fled from Georgia State Troopers after traveling at 120 MPH on Interstate 75. He exited the interstate in Midtown Atlanta on the 10th Street exit. He then rammed into the back of a sedan and two other cars.

This resulted in the death of a teenage mother and her infant son who were in the sedan. As an Atlanta DUI Lawyer, I will outline the law behind the offense of vehicular homicide in today's post.

Vehicular Homicide

Georgia law O.C.G.A. §40-6-393 outlines the degrees of homicide by vehicle. A person will be charged with homicide by vehicle in the first degree when, without malice aforethought, a death is caused by the person either unlawfully passing a school bus, reckless driving, fleeing or attempting to elude a police office, or leaving the scene of the accident. Homicide by vehicle in the second degree occurs when death results due to a violation of any other statute other than the ones specified for homicide in the first degree. 

First degree vehicular homicide is regarded as felony-grade vehicular homicide charge occurs when a death is the result of DUI or reckless driving. Convictions of felony-grade vehicular homicide may warrant up to 15 years in prison. 

In addition to penalties decided by a judge, the offender could also face a civil suit brought on by the victim's family. In a civil suit, the judge could award damages such as pain and suffering or loss of company to the victim's family. 

Furthermore, homicide by vehicle convictions can have long-term consequences. A felony conviction can make finding employment difficult as well as precluding the victim from practicing in certain professions such as teaching, the medical field, and other areas. The conviction will appear during background checks and can also affect obtaining housing or credit.

Practice Note

Vehicular homicide charges stem from charges of DUI in Atlanta as you can see above or other serious traffic offenses. If you have been arrested or accused of driving under the influence, contact our offices now.