Family of Victims of Fatal Crash in Henry County Also Bringing Civil Suit

The family of the four people who died in a fatal crash last month with a tractor-trailer are filing a lawsuit against different trucking companies and drivers.

According to reports, their attorney has released details pertaining to the security footage of a nearby car dealership off of I-75 that captured the accident.

The driver of a tractor-trailer failed to brake which allegedly resulted in the accident and the deaths of Jaime Sanchez, Fermin Sanchez, Jose Yanex, and Juana Ortiz-Martinez.

Aside from the civil suit, the driver is facing charges of second-degree homicide by vehicle, improper turning, and driving too fast for conditions.

As a Henry County DUI Lawyer, I will outline the offense vehicular homicide in today's post.

Vehicular Homicide in Henry County

Vehicular Homicide in Henry County is defined by law in O.C.G.A. §40-6-393 in two separate degrees. First degree vehicular homicide is defined 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 unlawfully passing a school bus, reckless driving, fleeing or attempting to elude a police office, or leaving the scene of the accident. 

This means that if a death is the result of Reckless Driving in Henry County or DUI in Henry County, then a person will face a first degree vehicular homicide charge.

Second degree vehicular homicide is defined as:

Homicide by vehicle in the second degree occurs when death results due to a violation of any other statute other than the ones specified for homicide in the first degree. 

This means that if a death is the result of any other traffic violation that is not mentioned in the section regard first degree vehicular homicide, then a person will face a second degree vehicular homicide charge.

First degree vehicular homicide is classified as a felony. The penalties can include a prison term between three and fifteen years. Second degree vehicular homicide is classified as a misdemeanor. The penalties can include a fine up to $1,000 or a prison term up to 12 months, or both.  

However, if the convicted driver is classified as a Henry County Habitual Violator, then the consequences are heightened.

Practice Note

There are many traffic violations including DUI and vehicular homicide that carry significant penalties if convicted. If you have been arrested in Henry County for a serious traffic violation or an offense related to DUI, contact a Henry County DUI Attorney today.