According to reports out of Atlanta, a man who had stopped to help a driver in need on I-285 was subsequently hit and killed by a passing vehicle.

This horrific incident occurred last Monday around 10:30 PM. A vehicle had stalled in a center lane when Jeffery Skerritt got out of his vehicle to help. As of right now, no criminal charges have been filed.

However, if it is discovered as a result of the investigation that the driver who ended up striking the victim with his vehicle was DUI in Atlanta or committing some other type of traffic violation, then the driver may be facing some serious charges.

As an Atlanta DUI Lawyer, I will outline the offense of vehicular homicide in today's post.

Vehicular Homicide in Atlanta

Vehicular Homicide in Atlanta is defined by Georgia Law in O.C.G.A. §40-6-393. There are two different degrees of vehicular homicide. These degrees are dependent on the circumstances surrounding the death.

First degree vehicular homicide is defined as:

Any person who, without malice aforethought, causes the death of another person through the commission of: DUI, Reckless Driving, Unlawful Passing of a School Bus, Fleeing or Attempting to Elude, or Leaving the Scene of an Accident 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.

Second degree vehicular homicide is defined as:

Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than the offenses listed by the first degree homicide statute 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.

Simply, if vehicular homicide results from another driver DUI, Reckless Driving, Unlawful Passing of a School Bus, Fleeing or Attempting to Elude, or Leaving the Scene of an Accident, then he or she will be facing a felony charge of vehicular homicide. If vehicular homicide results from some sort of other traffic violation such as Failing to Maintain Lane or Improper Lane Change, then the driver will be facing a misdemeanor charge of vehicular homicide.

Practice Note

Being a DUI Lawyer in Atlanta means that I specialize not just in Atlanta DUI Laws, but also in every offense that goes along with DUI. This can include other serious traffic violations to drug possession.

If you or a loved one has been arrested in Atlanta, contact our offices today. We can help you now.