What is Vehicular Homicide?
A loved one’s death is one of the most tragic life experiences people can go through. But losing a loved one in a vehicular homicide incident can be even more tragic and harder to handle. While no amount of money can bring back your loved one, you can seek financial support and some semblance of comfort through a wrongful death claim. But first, you should understand what exactly is vehicular homicide and how it will apply to your wrongful death case.
Understanding Vehicular Homicide
Vehicular homicide, known as homicide by vehicle under the Georgia Code, occurs when a motor vehicle driver causes a crash that leads to the death of another individual. In Georgia, vehicular homicide can be a misdemeanor or felony depending on the circumstances of the offense:
- The offense of vehicular homicide is a first-degree felony if the offender caused a person’s death while:
- Breaking reckless driving laws
- Violating the DUI laws
- Passing or overtaking a school bus illegally
- Running away from the police
- In the middle of a hit-and-run
- Driving on a revoked driver’s license after being declared a habitual violator (A motorist who has been convicted of at least three severe traffic-related offenses within five years.)
- A vehicular homicide offense is a second-degree misdemeanor if the offender killed another individual while committing other traffic offenses (except those mentioned above), such as running a red light or speeding, among others.
If the driver that committed vehicular homicide gets convicted, they will face serious criminal penalties. However, to seek compensation on behalf of your loved one’s untimely death, you must pursue a wrongful death claim.
What is a Wrongful Death Claim?
In a wrongful death claim, you are taking legal action to pursue compensation for personal and financial losses resulting from your loved one’s death. To win your wrongful death claim, you must prove that the vehicular homicide incident was the cause of your loved one’s death.
If you win your claim, the judge will order the offender to pay your damages, which are the losses you are claiming. You can seek various losses in a wrongful death case. You can seek compensation for the full value of your loved one’s life, which covers the following non-economic and economic factors:
- Loss of wages, services, and benefits, including what your loved one might have reasonably earned had they lived
- Loss of companionship, care, advice, and protection
- Burial and funeral costs
- Medical bills related to your loved one’s last injury or illness
- Other related expenses resulting from your loved one’s death and last injury
Seek Legal Advice From Our Experienced Gwinnett County Wrongful Death Attorneys
The Gwinnett County wrongful death attorneys at Banks, Stubbs & McFarland understand how immensely difficult the death of a loved one can be, especially if their death resulted from another person’s negligent actions. To learn how you can hold the negligent driver accountable and liable for your losses, arrange a free case evaluation with our Gwinnett County wrongful death attorneys by contacting us online or dialing 770-887-1209.