The man was also charged with improper lane change while driving the RV, which was believed to be responsible for triggering the multiple-vehicle chain reaction. Marietta Police said the current warrant has a no-bond and a nationwide extradition clause added. Police stated that they had encouraged the driver to turn himself in within 24-48 hours when they spoke with him, but that they did not know his exact location.

According to prior reports, the accident was caused when the RV, which was traveling southbound on I-75 near Delk Road, reportedly slammed into a Toyota Camry, which then collided with a Toyota Prius. The Prius then hit a median wall and flipped, partially ejecting its passenger, a 40 year old man who was not wearing a seatbelt. He was pronounced dead at the scene.

What stands out regarding the criminal charges in this case is that the charges against the driver would have been less stringent had he not fled the scene. As previously discussed, the accidental killing of another person in a car accident is typically construed as second degree vehicular homicide, and is a misdemeanor offense,  punishable by imprisonment for up to one year, a fine of up to $1,000.00, or both. Therefore, the driver’s act of leaving the scene bumped up his criminal charges from misdemeanor to felony, and could potentially have tripled the jail time he may be sentenced with, as this charge carries a potential prison sentence of 3-15 years.

The reason behind the heightened charges is indicative of the public policy concerns with having to track down the responsible person, and potential added difficulty of discerning the circumstances surrounding the accident, etc.

However, the potential legal fallout of this case, and other accidents ending in fatalities, is not necessarily limited to the criminal charges. The goal of criminal cases is to punish an individual for their wrongdoing. Our justice system supplies the option of pursing civil lawsuits in order to give some sort of compensation to the victim or their family for the harm caused, in an attempt to compensate them for the injury or loss.

If you have been injured, or a loved one has been killed, in a car accident due to another individual’s negligent driving, you should consult with an experienced Atlanta car accident attorney as soon as possible. Stephen M. Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience. Attorney Ozcomert understands the evidentiary intricacies involved in complex accidents which are caused as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Fatal Tractor Trailer Collision on I-85 over the Weekend, Atlanta Personal Injury Lawyer Blog, published October 31, 2013

Sleepy Driver Causes Multi Vehicle Collision, Atlanta Personal Injury Lawyer Blog, published October 21, 2013

Among the victims, a 14 year old girl was killed and five additional members of her family, which included two infants, were injured.

According to a police spokesperson, the accident occurred slightly before noon, when a Ford Expedition lost control, causing it to strike the center guardrail, and then spun back into traffic hitting at least one other vehicle. Five of its seven passengers were then ejected from the vehicle. Authorities reported that their preliminary investigation revealed that the individuals were not properly restrained. The young girl was announced dead at the scene.

Of those ejected, a four year old girl suffered multiple fractures. Twin two month old children suffered severe head injuries. According to police the children are receiving treatment at the local children’s hospital for treatment.

The other passengers included a 16 year old girl being treated for serious injuries, and a 30 year old female passenger being treated for non life-threatening injuries.

The 19 year old female driver was reportedly not injured. The crash remains under investigation, but police believe that speed and weather played a role. Investigators reported that the driver was related to all of the injured passengers. According to authorities, charges are pending against the driver.

While the exact details surrounding the accident remain unreported, one of the distinguishing features of this accident is the readily apparent potential negligence claims. For example, the fact that two month old infants and a four year old girl were ejected from the vehicle suggests that there may be legally negligent behavior surrounding the manner in which they were improperly restrained.

In Georgia, automobile accidents are the leading cause of death and injuries for children ages one to 12 years.  In 2009 alone,  1,314 children were killed and 179,000 were injured across the country. According to the National Highway Traffic Safety Administration (NHTSA), four out of every 10 children under six who die or are seriously injured in auto accidents were unrestrained or improperly restrained. Georgia Law requires that children sit in the back seat of a vehicle, and further requires a car seat or booster seat suitable for height and age for all children under the age of eight. Therefore, the improper use of car seats, or other required restraints for these young children could potentially provide the basis for a negligence claim against the driver for the injuries they suffered. Additionally, the manner in which the driver was operating the vehicle in general could provide the basis for a claim. Factors considered in negligence cases include the speed at which the driver was traveling, considering the relevant traffic and weather conditions, and cause for the loss of control, among others.

If you have been injured, or a loved one has been killed in a car accident, due to another individual’s negligent driving, you should consult with the Law Office of Stephen M. Ozcomert Immediately. Attorney Ozcomert has over 20 years of experience as a car accident attorney, and is skilled at representing individuals and their families who have been injured as a result of the negligent or reckless driving of others in Atlanta and throughout Georgia. Hiring our firm ensures that you will receive personal attention, excellent quality representation, and that your case will be handled in accordance with high ethical standards.  Contact us today in order to schedule your free initial consultation. You can reach us by calling (404)-370-1000 or through our website.

More Blog Posts:

Pedestrian Believed to be Reason for 7 Car Collision on I-75 Outside Atlanta, Atlanta Personal Injury Lawyer Blog, published July 8, 2013

Motorcycle Fatalities Are On the Rise Across the Nation, Atlanta Personal Injury Lawyer Blog, published June 28, 2013