Decatur, Ga. – A pedestrian was struck by two vehicles and killed yesterday morning. He was allegedly attempting to cross the street on Flat Shoals Parkway near Columbia Drive.
The man reportedly died at the scene. Officers are still investigating the incident. As of right now, neither driver has been charged, but it is also unclear as to whether the drivers remained at the scene after striking the man.
As a Decatur DUI Lawyer, I handle cases involving serious charges such as vehicular homicide. In today's post, I will cover the relevant law in case it is determined that either or both of the drivers committed a traffic offense that led to the death of this man.
Georgia Law outlines two degrees of vehicular homicide in Georgia in O.C.G.A. §40-6-393.
First degree vehicular homicide is defined as:
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.
Second degree vehicular homicide is defined as:
A person will be charged with homicide by vehicle in the second degree when death results due to a violation of any other statute other than the ones specified for homicide in the first degree.
Second degree vehicular homicide is also referred to as misdemeanor-grade vehicular homicide. This happens when a death is the result of a violation of basic traffic laws. Conviction of a misdemeanor vehicular homicide charge may warrant a sentence from a Georgia judge up to one year.
First degree vehicular homicide is also referred to as felony-grade vehicular homicide. This type of 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.
If you or a loved one has been arrested or cited for a serious traffic violation such as vehicular homicide or DUI in Decatur, call our offices now. We can help you with your case today.