Athens Woman Dies A Week After Serious Accident

Athens-Clarke County Police

Athens, Ga. – According to reports out of Clarke County, a woman involved in a serious crash on May 3^rd has died from the injuries she sustained.

The woman was involved in a head-on collision with a vehicle entering a parking lot. Authorities determined that the other driver involved was at fault by failing to yield properly. The two people inside of the second car were also badly injured and taken to a local hospital.

No charges have been filed as of today. This is the seventh collision involving a fatality in Clarke County this year.

As a Georgia DUI Attorney, I will outline the law behind the offense of vehicular homicide. Most of the time vehicular homicide is associated with reckless driving or DUI in Georgia. However, it can apply in minor traffic violation cases as well if it leads to the death of another human being as a result.

Vehicular Homicide in Georgia

Georgia Code in O.C.G.A. §40-6-393 divides vehicular homicide in Georgia into two separate degrees. The law is as follows:

(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.

(b) Any driver of a motor vehicle who, without malice aforethought, causes an accident which causes the death of another person and leaves the scene of the accident in violation of subsection (b) of Code Section 40-6-270 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.

This means that if a person causes the death of another through the commission of any of the following offenses then he or she is guilty of vehicular homicide in the first degree. These offenses include:

• DUI
• Unlawful Passing of a School Bus
• Reckless Driving
• Leaving the Scene of an Accident
• Fleeing or Attempting to Elude

(c) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163, subsection (b) of Code Section 40-6-270, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.

This means that if a person causes the death of another through the commission of a traffic violation other than those listed in the first section of the law above, then he or she is guilty of vehicular homicide in the second degree. Some examples of offenses are:

• Speeding
• Failure to Maintain Lane
• Illegal Passing
• Following Too Closely

This also includes the offense that was mentioned in the story above – failure to yield.

Practice Note

If arrested for DUI or any other serious traffic offense, call our offices now.