Forsyth County officials said a Milton woman has been charged with vehicular homicide in a hit-and-run that killed a 13-year-old boy and injured his father.  Katie Pancione  was arrested Tuesday, two days after the boy, Leonardo Camacho, died in the hospital where he was transported after the woman drove over a curb, hit him, and left the scene of the accident.  The incident took place about a week ago on Kelly Mill Road in Cumming.  The teen and his father were walking on the sidewalk and his father tried to push him out of the way, without success resulting in a leg injury.

The boy was flown to Children’s Healthcare of Atlanta with life-threatening injuries. The SUV’s driver was caught after deputies found a QX56 with a damaged front end that matched the hit-and-run vehicle’s description. She has been charged with hit-and-run resulting in death, vehicular homicide, failure to maintain lane, DUI less safe alcohol, reckless driving and driving too fast for conditions, Miller said. The investigation is ongoing.

Criminal acts.

Under Georgia law, motor vehicle accident victims have the right to pursue compensation from insurance, whether they were a pedestrian, a cyclist, or riding in a vehicle when an accident occurred.  If negligent acts, such as hit-and-run, drunken driving, reckless driving, or distracted driving are proven to have caused the accident, criminal charges may be filed by the state, in addition to a victim’s civil action for damages.

Wrongful death.

A wrongful death legal action is a particular type of lawsuit that is brought by loved ones of someone who dies because of the negligent, reckless, or deliberate act of someone.  Damages in these lawsuits can include:

  • Medical bills and burial expenses
  • Compensation for lost wages
  • Compensation for the pain and suffering
  • Punitive damages that are intended to punish the person who caused the death, may be worse in death of child.

Insurance.

Georgia is a Comparative Fault State which enables accident victims to seek damages up to 50% if they were partially responsible, but they will not receive any damages if they are 50%, or more responsible for the accident.  Legal action must support a claim of negligence where the victim was owed a duty of care, there was a breach in that duty, and the breach caused the injuries or loss.

Legal counsel.

In Georgia, accident victims have two years from the date of an accident to file a legal claim against a negligent individual. It is best to contact an experienced personal injury attorney at the Imbriale Injury Law Office who can navigate the path with insurance settlements and court awards.

Imbriale Injury Law
13 West Park Square, Suite C1
Marietta, GA 30060
Call Now (678) 445-7423
Fax Number: 678 445 7431

 

Sources:

http://ga.elaws.us/law/section51-4-4/

http://ga.elaws.us/law/51-4

https://dor.georgia.gov/acceptable-proof-insurance

http://ga.elaws.us/law/9

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *