Motorcyclist Hit and Killed in South Fulton

According to reports out of South Fulton, a woman riding a motorcycle was killed after a collision with a semi-truck.

As of right now, the investigation has revealed that the young woman allegedly ran a red light which led to the collision. A police officer witnessed the accident and told the news station the woman was speeding when she ran the light on Flat Shoals Road near the entrance ramp to I-85.

However, it is one of my responsibilities, as a Georgia DUI Lawyer, is to question the reported facts. If the facts do suggest some sort of fault that rests on a different driver, then the situation may involve criminal charges. One of the charges could potentially include vehicular homicide if someone else if found responsible for this woman's death through a traffic violation.

Vehicular Homicide in Georgia

Vehicular Homicide in Georgia is defined by the Georgia Code in O.C.G.A. §40-6-393 which divides the offense 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, and Fleeing or Attempting to Elude an Officer.

(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: failure to maintain lane, speeding, etc.

Practice Note

If you or a loved one is facing a serious traffic violation such as DUI in Georgia contact our offices now.