Pedestrian Struck and Killed While Walking on Georgia 92

Cherokee County police reported that a 65-year-old man died this past Thursday morning after he had been struck by two different vehicles.

The man was walking on Georgia 92. As of right now, authorities believe that he was not walking within a crosswalk at the time of the crash. Both drivers also stayed at the scene until investigators and authorities arrived.

As a Georgia DUI Attorney, I will outline the law behind the crime of vehicular homicide in Georgia. The only way either of the drivers of the two vehicles would be charges with vehicular homicide is if authorities and investigators determine that either of the drivers were at fault for the accident by committing another type of initial offense.

In today's post, I will show the law behind vehicular homicide as well as the different offenses that lead to such a charge.

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.

First Degree Vehicular Homicide is defined as:

(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, or Fleeing or Attempting to Elude a Police Officer.

Second Degree Vehicular Homicide is defined as:

(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, Failure to Maintain Lane, etc.

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