Ball Ground, Ga. - A serious crash blocked Interstate 575 in Cherokee County for three hours this morning.
One individual was killed and two others were seriously injured. Witnesses to the accident stated that one of the vehicles was traveling erratically just before it lost control. This led to the collision of the vehicle with another as well as with a guardrail. No charges have been filed, however, the investigation is still underway.
As a Georgia DUI Lawyer, I will outline the law behind vehicular homicide in today's post as it is one of the possible charges that could result from the investigation.
Vehicular Homicide in Georgia
Georgia law O.C.G.A. §40-6-393 outlines the degrees of vehicular homicide in Georgia. 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. Homicide by vehicle in the second degree occurs when death results due to a violation of any other statute other than the ones specified for homicide in the first degree.
First degree vehicular homicide is regarded as felony-grade vehicular homicide 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.
In addition to penalties decided by a judge, the offender could also face a civil suit brought on by the victim's family. In a civil suit, the judge could award damages such as pain and suffering or loss of company to the victim's family.
Furthermore, homicide by vehicle convictions can have long-term consequences. A felony conviction can make finding employment difficult as well as precluding the victim from practicing in certain professions such as teaching, the medical field, and other areas. The conviction will appear during background checks and can also affect obtaining housing or credit.
Call our offices today if you are facing serious traffic offenses in the state of Georgia. We can help you now.