Vehicular Homicide Charges Against Boy for Mom's Death in Atlanta Crash


May 25, 2011

A tragic car accident has resulted in unanticipated consequences here in Atlanta where a 16-year-old teenager has been charged with second-degree vehicular homicide for the death of his mother who was a passenger in a car he was driving.

The charges have created a lot of uproar because many believe that it is insensitive to take a boy who has just lost his mother and prosecute him for an accidental death. The car accident was investigated by a Special Traffic Enforcement Team, which based on the evidence that they found, made the recommendation that the teen be charged.

The boy was with his mother on their way to an orthodontist appointment. The boy was driving and turned left at an intersection on a green light. There was a box truck next to him turning as well. He looked when his mom told him to go, but a Ford Mustang hit them on the passenger side as they made the turn. The collision sent the car spinning causing it to collide with another car. The boy's 45-year-old mother sustained injuries that caused her death.

Vehicular Homicide in Georgia

Vehicular homicide in the state of Georgia is also called "homicide by vehicle". It is the unlawful killing of another with the use of a vehicle. The person does not need to have intended to kill the person or have shown malice or thoughts of killing the person in order to be convicted of this charge. Typically, second degree vehicular homicide, which the boy is charged with, is imposed when the crash is caused by a violation of law, such as failure to yield to oncoming traffic, speeding or driving too slowly.

Second-degree vehicular homicide is considered a misdemeanor in Georgia and is punishable by imprisonment for up to one year and a fine of up to $1000 or both. A probation sentence may be handed down or punishment may be suspended depending on the judge's discretion. This accident is a tragedy for both the mother and her son. Whether the son is sentenced to jail or given probation, he will be forced to live with the pain of knowing his mother was killed in a car accident when he was driving. This could well be a situation where more systematic driver training and education may pose a better solution than harsher punishment.

If you have been injured in an auto accident and you feel that your injuries were the result of the other driver's negligence, then you may be eligible to receive compensation. An experienced Georgia auto accident attorney can investigate your accident and gather all necessary evidence to evaluate your claim.

In Georgia, a person injured by the carelessness of another has a a number of different types of damages, including a right to compensation for pain and suffering or loss of quality of life, as well as reimbursement for medical bills and lost wages incurred due to a negligence-related car accident. There are many different potential sources of recovery for people hurt in car crashes and it is important that they are all identified. Examples of such sources of recovery can include auto liability insurance, resident relative automobile insurance, employer liability insurance, medical payment coverage on auto policies, umbrella coverage, health insurance and disability insurance to name a few.

At Montlick and Associates, our Atlanta accident attorneys have the knowledge and experience built on 27 years of handling auto accident lawsuits in Georgia. We have an experienced qualified staff that is ready to fight for our clients’ rights. Montlick and Associates is available to assist clients throughout all of Georgia and the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.