According to reports out of Atlanta, the accident involving a fatality and a MARTA bus has been for the most part concluded.
Investigators discovered that the bus hit a pedestrian when she was attempting to cross the roadway outside of a crosswalk. No charges are anticipated as of right now.
As a Georgia DUI Lawyer, I covered this particular case in today's post because it is an example of how just because a traffic incident resulted in the death of another person does not mean that there was a violation of the law. Accidents and mistakes do happen, and unfortunately, sometimes these incidents result in tragedy. A death does not necessarily mean there is someone to blame.
In today's post, I will outline the offense of vehicular homicide as it is the law that encompasses when someone is to blame or has been accused of causing the death of another person by vehicle.
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.
Vehicular homicide is one of the most serious charges anyone can face in Georgia. This post is not meant to offend anyone, I am just explaining the truth behind the law. That being said the injury or death of a human being is horrific.
If you or a loved one has been arrested, contact our offices today.