When someone causes the death of another person, it is tragic, but it might also be vehicular homicide. Families shaken by the early loss of a loved one can get justice for themselves by filing a lawsuit against the other driver.
Vehicular homicide is a serious crime for which drivers can be imprisoned for several years. However, just because something is a crime does not always mean the state will charge them. Even if they do, a criminal prosecution is generally not designed to compensate you for losses. Our team can help you do that by filing a wrongful death lawsuit in civil court. Drivers do not need to be charged with vehicular homicide for our lawyers to file a claim since you can recover compensation for wrongful death if the driver’s conduct was negligent but not liable for vehicular homicide.
Call (470) 287-3070 for a free case evaluation with Rice, Murtha & Psoras’ Georgia car accident lawyers.
Can a Victim’s Family File a Lawsuit Against a Driver for Vehicular Homicide in Georgia?
Negligent drivers cause the vast majority of Georgia’s car accidents. But when a driver’s conduct goes beyond mere negligence and causes the death of another person, it might be vehicular homicide. While no amount of money can replace a loved one, certain family members can file a civil lawsuit for wrongful death against a driver charged with vehicular homicide. Of course, vehicular homicide is a crime, according to O.G.G.A. § 40-6-393, and perpetrators can be imprisoned for several years for the offense.
Our Georgia wrongful death attorneys can review police reports and other evidence to determine if your loved one’s incident meets the definition of vehicular homicide. Vehicular homicide is defined by certain situations that commonly arise but cannot be considered “accidents.” Someone driving under the influence and killing someone in a crash is arguably the most common example of vehicular homicide. A person who drives with reckless disregard for others and kills another can also be held liable for wrongful death in a civil lawsuit. Hit-and-runs involving fatalities are also considered vehicular homicide. It is also vehicular homicide when someone causes the death of a child while overtaking a school bus.
- 51-4-1(2) defines “homicide” for the purposes of wrongful death civil cases as the death of another person resulting from a crime or negligence. This means family members can bring a wrongful death claim whether or not the driver was charged with vehicular homicide. If the incident meets one of the situations above but the driver was not charged, we can still argue that their conduct was reckless, not negligent, resulting in a potential award of “punitive” damages that punish defendants.
What Family Members Can File a Wrongful Death Claim for Vehicular Homicide in Georgia?
Fewer types of claims are more challenging and complex than those for wrongful death. Numerous family members will no doubt be affected by the untimely passing of a loved one, but that does not mean every family member has a right to file a wrongful death lawsuit and recover compensation. The process will also differ depending on whether the victim was an adult or a child when the incident happened.
Vehicular Homicide of an Adult
If the victim was an adult and married, the surviving spouse is entitled to file a claim, as per § 51-4-2(a). If the deceased had no spouse but left surviving adult children, the right to file will reside with them. If the deceased had no surviving spouse and their surviving children are minors, the natural guardian, legal guardian, or “next friend” can petition the court to be qualified as a conservator and bring the wrongful death action on behalf of the children, according to § 51-4-2(b)(3).
In some cases, the deceased did not leave behind a surviving spouse or any children. In these situations, the court will appoint a personal representative or executor for the deceased’s estate if they left no will designating one. The court can appoint anyone it sees fit to manage the estate. We can help you get appointed as the personal representative if you choose. The compensation in these cases will go to the next of kin, as per § 51-4-5(a).
Vehicular Homicide of a Child
When a child is the victim of vehicular homicide, married parents have a joint right to file a wrongful death claim under § 19-7-1(c)(2)(A). If the child’s parents are living apart, whether it is divorced or separated, both parents have an individual right to bring an action, according to § 19-7-1(c)(2)(C). Parents retain these rights no matter if the child is a minor or an adult if the adult victim left no surviving spouse or children.
What Damages Can Family Members Recover for Vehicular Homicide in Georgia?
Damages family members recover are split between wrongful death claims and survival actions.
The surviving family members described above can file a wrongful death claim to compensate for the “full value of the life” of the victim, according to § 51-4-1(1). “Full value” typically includes both the deceased’s economic and non-economic losses.
The deceased’s lost income, investments, retirement, and other losses are typically included in a claim’s economic compensation. Non-economic damages compensate for losses that cannot be added up with bills. For instance, children can claim compensation for the loss of parental guidance, while spouses can be paid for the loss of companionship. Our team can help calculate what “full value” means in your claim.
The deceased’s personal representative is responsible for filing a survival action. The claims can compensate for the deceased’s medical expenses, funeral costs, and other necessary costs, as per § 51-4-5(b). Unlike wrongful death action, damages from the survival claim are paid to the estate. Compensation will then be distributed according to the deceased’s will or the state’s intestacy laws encoded in § 53-2-1(c).
Call Our Georgia Wrongful Death Lawyers for Help Today
Contact Rice, Murtha & Psoras at (470) 287-3070 for a free case assessment with our Georgia wrongful death lawyers.