Atlanta Police Investigate Death of Man Struck by Vehicle

Atlanta Municipal Court

Atlanta, Ga. – According to reports out of Buckhead, a man was killed early this morning after being run over outside of a grocery store.

Officers that reported to the scene stated that the man is believed to be homeless. He was allegedly wrapped in a blanket while lying in the roadway. No charges have been filed against the driver of the vehicle that hit the man, however, the case is still under investigation.

As a Georgia DUI Lawyer, I will focus on charges that could be brought against the driver if it is found that the driver committed some sort of traffic violation that led to the man's death.

Vehicular Homicide in Georgia

Vehicular Homicide in Georgia is defined by O.C.G.A. §40-6-393. The statute outlines two different degrees of vehicular homicide based on the initial traffic offense committed which leads to the death of another person.

(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.

(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.

To put it simply: first degree vehicular homicide occurs when a person commits the offense of unlawfully passing a school bus, reckless driving, fleeing or attempting to elude law enforcement, driving under the influence, or leaving the scene of an accident and the death of another person occurs as a result. While, second degree vehicular homicide occurs when a person causes the death of another by committing any other type of traffic violation such as following too closely, failure to maintain lane, etc.

First degree vehicular homicide is classified as a felony offense and can be penalized by up to 15 years in prison. Second degree vehicular homicide is classified as a misdemeanor offense and can be penalized by up to 12 months in jail.

Practice Note

Vehicular homicide charges are often seen alongside other serious charges like felony hit and run or DUI in Georgia. If you have been arrested or charged with DUI or any other similar offense, call our offices today.