Police said the Florida woman failed to stay in her lane, which resulted in her sideswiping a truck, causing it to veer off of the road and then overturn. The driver of the truck was transported by helicopter to a local hospital in critical condition. Sadly, the man’s wife, a passenger in the vehicle, died at the scene.

The Florida woman was reportedly arrested at the scene and taken to the local detention center, where she was charged with second degree vehicular homicide and failure to maintain lane.

The charges in this case stem from the driver’s reported failure to stay within her own lane, which led to her collision with the victims’ vehicle.

Georgia law reads:

Any person who causes the death of another person, without an intention to do so, by violating any provision of this title […] (i.e. traffic laws), commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death…

Punishment for second degree vehicular homicide probably carries a lighter penalty than many Georgians might think. As a misdemeanor offense,  it is punishable by imprisonment or other confinement for up to one year, a fine of up to $1,000.00, or both. It seems like a slap on the wrist when compared with the human life lost as result of the negligent driving.

However, the vehicular homicide charges, and potential conviction, relate only to the criminal nature of the driver’s conduct. If you have been hurt, or a loved one has been killed as a result of another individual’s negligent driving, you likely have a separate civil claim for either personal injury or wrongful death, as the circumstances of your car accident indicate. While a criminal prosecution is intended to punish a wrongdoer, a civil lawsuit’s purpose is to compensate the victim or the victim’s family for their losses.

By successfully proving that the other driver was both negligent, and therefore proximately caused your injuries or loss, you could potentially recover compensation for things such as hospital bills, medical expenses, lost wages at work, or lost wages from the deceased individual, loss of companionship, and in some cases funeral expenses. Your Atlanta car accident attorney can fully advise you regarding what a potential recovery might include.

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 Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience, 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. 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:

12 Year Old Boy Hurt in Southwest Atlanta Pedestrian Accident, Atlanta Personal Injury Lawyer Blog, published September 6, 2013

Incredibly Tragic Accident Kills 16 Year Old Pedestrian, Atlanta Personal Injury Lawyer Blog, published August 27, 2013

While the exact circumstances surrounding the accident have not been reported, apparently the boy ran into the street, and while the driver swerved to avoid hitting him, the car still collided with the boy. He was subsequently transported to a local children’s hospital in critical condition.

According to police, when they arrived at the scene the boy was still breathing but not alert, and he suffered serious head injuries.

Police also reported that the driver was not at fault, and that she will not face charges.

While it appears as though the driver was not at fault in this case based upon police reports, this is not true in many cases where pedestrians are seriously injured.

Oftentimes, drivers, particularly in residential areas, may be responsible for causing accidents when they engage in negligent or reckless driving. Negligent driving occurs when an individual operates their vehicle in a manner that is not in accordance with how a reasonably prudent (or safe) driver would.  Typical examples of failing to meet this minimum standard include things such as the following:

• Speeding
• Failure to yield
• Handheld cellphone or other device use, whether texting, talking, browsing the internet, reading emails, etc.
• Driver fatigue
• Driver Intoxication

However, pedestrians can potentially run into issues with Georgia’s comparative negligence law. This law states that if your own actions are found to be 50% or more responsible for causing your accident, you will be barred completely from receiving any compensation for your damages. If, however, you are found to be less than 50% liable for your accident, you can recover, but your final settlement will still take into account your relative amount of fault and deduct it from your award. For example, if you fail to look both ways before crossing the street, and you attempt to walk  just as a car is approaching, you may be at least partially at fault when it comes to determining liability at trial. Your Georgia car accident attorney will be able to fully advise you regarding the nuances and potential limitations of this rule. Therefore, it is imperative that even if you believe you may have been partially to blame, you consult with an attorney in order to determine your rights, and decide on a plan of action.

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 immediately. Stephen Ozcomert is a knowledgeable personal injury attorney with over 20 years of experience in 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. We are dedicated to treating our clients with the highest standards of quality and ethical representation. 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:

Incredibly Tragic Accident Kills 16 Year Old Pedestrian, Atlanta Personal Injury Lawyer Blog, published August 27, 2013

Old Atlanta Road Crash Ends Tragically, Atlanta Personal Injury Lawyer Blog, published August 19, 2013