Multi-Vehicle Wreck Results in Death and Damage to 10 Cars on Georgia Interstate

Two different and possibly related vehicle accidents on I-20 resulted in the death of a pedestrian allegedly walking on the shoulder of the interstate and damage to 10 different cars occurred this morning.

As a Georgia DUI Lawyer, I do not want to rule out the possibility of any negligence on either the side of the pedestrian or of the drivers involved in the car accident. Any time a death is involved, the severity of the incident is greatly exacerbated. Whenever there is a death, people want to immediately point fingers and place blame. In today's post I will outline the offense of vehicular homicide as that may be applicable in this scenario.

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

(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:

• Speeding in Georgia
• Failure to Maintain Lane in Georgia
• Illegal Passing in Georgia
• Following Too Closely in Georgia

Practice Note

As I said earlier, vehicular homicide may be applicable but just because there was a death does not mean that a person is necessarily to blame for the death. Any situation involving the death of a human being is horrifying, but that does not mean that one person is responsible for causing the death. If you or a loved one has been arrested, contact our offices today.