Driver Charged in Fatal Crash That Killed Georgia Family

A truck driver from Mississippi has been arrested in relation to a fatal accident that killed a Georgia family of four in the state of Texas.

The driver has been charged with criminally negligent homicide. As a Georgia DUI Lawyer, however, I will cover the law as it is written and codified within the state of Georgia.

Vehicular Homicide in Georgia

Vehicular homicide in Georgia is divided into two degrees by law. First degree vehicular homicide is classified as a felony offense in Georgia. Meanwhile, second degree vehicular homicide is classified as a misdemeanor offense.

The law for first degree vehicular homicide is as follows:

Any person who, without malice aforethought, causes the death of another person through the violation of 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 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 death results from someone either driving under the influence, reckless driving, leaving the scene of an accident, illegal passing of a school bus, or fleeing or attempting to elude an officer, then an individual is guilty of vehicular homicide in the first degree.

If convicted of first degree vehicular homicide, then a person is facing up to fifteen years in prison.

The law for second degree vehicular homicide is as follows:

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 tif a death results from any other type of traffic violation such as speeding or failing to maintain lane, then an individual is guilty of vehicular homicide in the second degree.

If convicted of second degree vehicular homicide, then a person is facing up to 12 months in jail and up to $1,000 in fines.

Practice Note

If you or a loved one is facing serious charges in relation to a traffic accident, call our offices now.