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Cobb County Car Accident Could See Wrongful Death Suit in Addition to Criminal Charge

KONICA MINOLTA DIGITAL CAMERACobb County police have arrested a Florida woman for her role in an early morning fatal crash. The crash happened earlier this month on I-75 south, just south of the Hickory Grove Road overpass.

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