Motorcyclist Killed in Cedartown Accident

Polk County Courthouse

Cedartown, Ga. - A motorcyclist was killed yesterday afternoon after a collision in Cedartown. According to investigators, the motorcyclist was attempting to cross over Georgia Route 1 when he was struck by a truck traveling northbound. He was trapped underneath the vehicle, and both vehicles caught on fire.

The accident is still under investigation, however, as of right now, the other driver has not been cited or arrested in relation to the incident.

As a Georgia DUI Lawyer, I will outline the law behind vehicular homicide as it is one of the possible charges if the other driver is found to have committed a traffic violation that led to the motorcyclist's death.

Vehicular Homicide in Georgia

Georgia Law outlines two degrees of Vehicular Homicide in Georgia in O.C.G.A. §40-6-393.

First degree vehicular homicide is defined as:

A person will be charged with homicide by vehicle in the first degree when, without malice aforethought, a death is caused by the person either unlawfully passing a school bus, reckless driving, fleeing or attempting to elude a police office, or leaving the scene of the accident. 

Second degree vehicular homicide is defined as:

A person will be charged with homicide by vehicle in the second degree when death results due to a violation of any other statute other than the ones specified for homicide in the first degree. 

Second degree vehicular homicide is also referred to as misdemeanor-grade vehicular homicide. This happens when a death is the result of a violation of basic traffic laws. Conviction of a misdemeanor vehicular homicide charge may warrant a sentence from a Georgia judge up to one year.

First degree vehicular homicide is also referred to as felony-grade vehicular homicide. This type of charge occurs when a death is the result of DUI or reckless driving. Convictions of felony-grade vehicular homicide may warrant up to 15 years in prison.

Practice Note

As I mentioned above, vehicular homicide is one of the most serious crimes in the state of Georgia. Call our offices now if you or someone you know is in need of legal assistance.