Wreck Ends in Passenger’s Death Which May Result in 2nd Degree Vehicular Homicide in Georgia

A passenger was killed after a wreck yesterday morning in Bartow County. According to reports, the wreck occurred because one car failed to yield while making a left turn onto South Bridge Drive in Cartersville. 

The identity of the deceased person has not been released, but it has been reported that they died shortly after the accident. The drivers of both cars have been taken to nearby hospitals for serious and minor injuries. 

Unfortunately, as a Georgia DUI Lawyer, I not only see but handle serious accidents like this frequently. No reports have been given towards any charges, but if it is found that as a result of the first vehicle's failure to yield that the passenger of the second vehicle died, then the driver may be facing a charge of vehicular homicide. 

Vehicular Homicide in Georgia

Vehicular Homicide in Georgiais defined by Georgia Law by a division into two separate degrees. If a death is caused by a vehicle from the result of that driver's less serious traffic violation. Failure to yield falls into that category, so in today's post let's examine 2nd degree vehicular homicide in Georgia. 

1st degree vehicular homicide is defined by the Georgia Code as:

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:

• DUI in Georgia,
• Unlawfully passing a school bus in Georgia,
• Reckless driving in Georgia, 
• Fleeing or attempting to elude a police officer in Georgia,
• Or leaving the scene of the accident in Georgia. O.C.G.A. §40-6-393.

The Georgia Code defines 2nd degree vehicular homicide as:

…when death results due to a violation of any other statute other than the ones specified for homicide in the first degree. O.C.G.A. §40-6-393.

Practice Note

Both of these offenses are serious offenses and have serious consequences if convicted. If convicted of 1st degree vehicular homicide in Georgia, the penalty can include up to fifteen years in prison. If convicted of 2nd degree vehicular homicide in Georgia, the penalty can include up to a year in jail and fees. 

As I mentioned above, as a Georgia DUI Attorney, I handle serious cases like these all the time. Any situation that involves the death of a human being is absolutely horrific. But the reality is as with any other crime, an accusation does not equal automatic guilt. 

If you or a loved one has been arrested for a serious traffic violation such as DUI in Georgia or even a minor traffic violation such as Speeding in Georgia, contact our offices today.