Three Fatal Accidents Reported in Two Days in Cobb County

Authorities in Cobb County reported three separate fatal incidents within a two-day time period this past week.

All of the accidents involved serious as well as minor traffic violations. The law behind vehicular homicide encompasses both types of traffic violations. As a Georgia DUI Lawyer, I will outline the law behind vehicular homicide as well as the offenses that can lead to a charge.

Vehicular Homicide in Georgia

By law, vehicular homicide in Georgia is defined in the Georgia Code in O.C.G.A. §40-6-393. Vehicular homicide is when a death results from some sort of traffic violation. The law divides the offense into vehicular homicide in the first degree and vehicular homicide in the second degree. I will outline both degrees below.

Vehicular homicide in the first degree is defined in the first part of the law as:

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

Vehicular homicide in the second degree is defined in the next part of the law 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 in Georgia
• Failure to Maintain Lane in Georgia
• Illegal Passing in Georgia
• Following Too Closely in Georgia

Practice Note

Call our offices today if you or a loved one has been arrested.