Two months ago, a 24-year-old man with a history of reckless driving was determined to have been responsible for the death of a 70-year-old woman. According to a My Fox Atlanta news report, the driver who officials said was at fault has still not been arrested for the fatal crash, and the victim’s family is pleading for justice. Officials say the woman was fatally injured on State Route 101 in Carroll County when the driver of a pickup clipped another truck, went airborne, and landed on top of the victim’s vehicle on the other side of the road.
The victim’s family is still left wondering as to why the at-fault driver, who has been previously arrested or cited for reckless driving and speeding about a dozen times, has not been arrested yet in connection with their loved one’s death. According to the Fox 5 news report, if the driver is charged, it will be for a misdemeanor vehicular homicide count because he was not impaired at the time of the crash.
It is important to remember in instances such as this tragic accident that someone does not have to face criminal charges to be held liable for his or her actions. In fact, a criminal conviction will not result in fair monetary compensation for the victim’s family. In order to receive compensation for losses such as funeral expenses and the family of a fatally injured victim may have to file a wrongful death claim against the at-fault driver.
In order for a wrongful death suit in Georgia to be successful, the victim’s family will have to show that the driver was negligent at the time of the crash. While the criminal justice system requires prosecutors to prove beyond a reasonable doubt that a crime was committed, the civil justice system only requires the family to show that the at-fault driver’s negligence contributed to the crash. An experienced Atlanta personal injury lawyer at The Law Offices of Wayne Grant, P.C. can be contacted at (404) 995-3955 and will be able to better advice injured victims and their families regarding their legal rights and options.