Driver Killed in Fatal Accident on I-285

A driver was killed on I-285 last weekend when a driver in the adjacent lane swerved to avoid an object in the roadway.

This swerve caused a chain reaction crash which led to the fatal wreck.

So far police said no charges have been filed against the driver of the Camry, but the crash remains under investigation. If charges are filed against the driver and he is found criminally liable for the crash, then he may be facing charges of vehicular homicide.

As a Georgia DUI Lawyer, I will outline the law behind this offense in today's post.

Vehicular Homicide in Georgia

Georgia law defines vehicular homicide in Georgia by separating the offense into two different degrees. First degree vehicular homicide is classified as a felony offense, while second degree vehicular homicide is classified as a misdemeanor.

First degree vehicular homicide is defined by law as:

Any person who, without malice aforethought, causes the death of another person through: reckless driving, driving under the influence, unlawful passing of a school bus, fleeing or attempting to elude police, or leaving the scene of an accident commits the offense of homicide by vehicle in the first degree.

Second degree vehicular homicide is defined by law 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 include under the first degree statute, commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death.

If convicted of first degree vehicular homicide, then a person is facing a penalty of up to

And if convicted of second degree vehicular homicide, then a person is facing a penalty of up to 12 months in jail as well fines up to $1,000.

Practice Note

Vehicular homicide is one of a number of traffic violations that can be classified as a felony in the state of Georgia. Felonies come with extreme consequences. If you have been arrested, call our offices now.