Woman Killed on I75 From Loose Tractor Trailer Tire

Posted by Richard Lawson | Aug 14, 2019 | 0 Comments

According to traffic reports from I-75 South just south of Henry County, a woman was killed in what has been described as a freak accident this past week.

Jennifer Thomas died this past weekend while driving through Peach County. She was struck by a tire that flung loose from a tractor trailer. The tire flew from the rig and crashed through her windshield, killing her on impact. The driver of the tractor trailer has been arrested for vehicular homicide and driving on defective tires.

As a Henry County DUI Lawyer, I handle all types of cases related to DUI in Henry County. This includes freak accidents like the one mentioned in the news story above. Whenever an accident involves the serious injury of a driver, the serious damage of vehicles involved, or even worst case scenario, the death of a driver, passenger, or pedestrian, police and investigators must investigate whether or not one of the drivers is responsible. This is where charges such as serious injury by vehicle in Henry County come into the picture.

In today's post, I will outline the offense of vehicular homicide since the truck driver is facing that charge in the story above.

Vehicular Homicide in Henry County

Vehicular Homicide in Henry County is defined by the Georgia Code in O.C.G.A. §40-6-393. Vehicular homicide is when a death results from some sort of traffic violation. The law divides the offense into vehicular homicide in the first degree and vehicular homicide in the second degree. I will outline both degrees below.

Vehicular homicide in the first degree is defined in the first part of the law as:

Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.

(b) Any driver of a motor vehicle who, without malice aforethought, causes an accident which causes the death of another person and leaves the scene of the accident in violation of subsection (b) of Code Section 40-6-270 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.

This means that if a person causes the death of another through the commission of any of the following offenses then he or she is guilty of vehicular homicide in the first degree. These offenses include:

  • DUI 
  • Unlawful Passing of a School Bus
  • Reckless Driving
  • Leaving the Scene of an Accident
  • Fleeing or Attempting to Elude an Officer 

Vehicular homicide in the second degree is defined in the next part of the law as:

(c) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163, subsection (b) of Code Section 40-6-270, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.

This means that if a person causes the death of another through the commission of a traffic violation other than those listed in the first section of the law above, then he or she is guilty of vehicular homicide in the second degree. Some examples of offenses are:

  • Speeding 
  • Failure to Maintain Lane 
  • Illegal Passing
  • Following Too Closely 

If you or a loved one has been arrested, contact a Henry County DUI Attorney now.

About the Author

Richard Lawson

Richard Lawson is a former DUI prosecutor who has dedicated more than 20 years of his career to defending those accused of DUI. He has successfully resolved hundreds of DUI charges with dismissals, reductions to reckless driving, or other lesser offenses.

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