Clayton County Pedestrian Killed by Vehicle

Reports out of Clayton County this morning show that a man was killed after getting hit by a car after walking outside of a crosswalk across a local road.

According to these reports, the driver remained at the scene. However, it is unclear as of right now whether or not the driver will face any charges.

As a Georgia DUI Lawyer, I will outline the law behind vehicular homicide in today's post as it is possibly a charge that the driver may face depending on the facts of the incident.

Vehicular Homicide in Georgia

Vehicular homicide in Georgia is split up into two different degrees. First degree vehicular homicide is defined as:

Any driver of a motor vehicle who, without malice aforethought, causes the death of another person when he or she commits the offense of:

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

…shall be punished by imprisonment for not less than three years nor more than 15 years.

Second degree vehicular homicide is defined as:

Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than those listed in the first degree vehicular homicide statute, 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.

The traffic violations that can result in a second degree homicide charge include but are not limited to:

• Failure to Maintain Lane in Georgia
• Speeding in Georgia
• Texting While Driving in Georgia, etc.

Practice Note

Traffic violations such as vehicular homicide can result in years of imprisonment. If you or a loved one has been arrested for a serious traffic violation, contact our offices today.