A Dallas Georgia motorcyclist died in a Cobb County vehicle crash this past April when Saundria Duncan hit Steven Winiarczyk, 47, while he was turning into Milford Crossing Shopping Center on Austell Road. Cobb County Police said that Duncan was driving her Dodge Charger south on Austell Road, while Winiarczyk was traveling north on his Honda motorcycle. Duncan was recently charged with second-degree vehicular homicide and failure to yield the right of way, for hitting and killing Steven Winiarczyk.  According to The Atlanta Journal-Constitution, Duncan turned herself in on Wednesday June 17, after a warrant was issued for her arrest.

Vehicular homicide/wrongful death action.

Vehicular homicide is a traffic-related criminal offense that is charged against the driver of a motor vehicle whose driving actions contributed to, or were the cause of death to another person.  In Georgia, a wrongful death action is most often initiated by the surviving family of the person who was killed, and the criminal case will be relevant to the civil action, especially when liability insurance is insufficient to cover the losses to the surviving family members.

First-degree vehicular homicide involves causing the death of another person while driving drunk, recklessly driving, involvement in a hit-and-run, passing a school bus, driving with a revoked license,  or in cases of a habitual violator. Second-degree vehicular homicide is less serious and is defined as causing the death of another person, while committing any traffic offense like speeding, or running a red light.

The consequences of a vehicular homicide conviction depend on the circumstances. In general, first-degree offenses are considered a felony and convictions carry a three-to-five year prison sentence, or more for habitual violators.  Second-degree vehicular homicide is a misdemeanor and carries up to a year in jail and/or a maximum $1,000 in fines. The outcome of the criminal action will impact the wrongful death civil action.  If you have lost a loved one to a vehicular homicide, hire an attorney who can help you through the litigation process.

Damages.

 Legal counsel can help assess damages for a wrongful death claim that include compensation for replacement, or repair of property, costs incurred from medical professionals, loss of present and future wages, changes in lifestyle, pain and suffering, funeral expenses and future financial losses to family members.

Legal expertise.

If you have lost a loved one from an automobile accident near Roswell, the best course of action is to contact experienced counsel at Imbriale Injury Law Offices, who can navigate the legal process toward a strong settlement in Georgia.

Imbriale Injury Law
13 West Park Square, Suite C1
Marietta, GA 30060
Call Now (678) 212-1395
Fax Number: 678 445 7431

 

 

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