Key Takeaways
- In Georgia, you can be criminally charged for a fatal car accident—even if you were not under the influence of drugs or alcohol.
- Common charges include Vehicular Homicide, Reckless Driving, and Failure to Yield, depending on the facts of the case.
- A conviction may result in jail or prison time, especially if prosecutors prove negligence or a traffic violation that caused the death.
- Even if the crash was unintentional, Georgia law treats traffic fatalities seriously.
- If you’re involved in a fatal crash, it’s critical to speak with a criminal defense attorney immediately—before making any statements.
Can you be arrested after a fatal accident in Georgia?
Yes. Even if you’re sober and didn’t intend harm, you can face criminal charges. Georgia law allows prosecutors to file charges if:
- A traffic law was violated, or
- You were driving recklessly or carelessly, and
- That act caused the death of another person.
Police will investigate the crash and may recommend charges, especially in high-speed collisions, pedestrian deaths, or failure-to-yield scenarios.
What charges might apply if you weren’t intoxicated?
If alcohol or drugs weren’t involved, charges may include:
- Second-Degree Vehicular Homicide (Misdemeanor)
For ordinary traffic violations (e.g., running a red light, failure to yield) that cause death. - First-Degree Vehicular Homicide (Felony)
For more serious offenses like reckless driving, racing, or hit-and-run—even without intoxication. - Reckless Driving
If your driving is deemed dangerous enough to show “reckless disregard” for others’ safety. - Improper Lane Change / Speeding / Following Too Closely
These violations can support a vehicular homicide charge if they directly caused a fatal crash.
What’s the difference between first- and second-degree vehicular homicide?
| Type | Charge Level | Based On | Possible Jail Time |
| First-Degree | Felony | Serious violations (e.g., reckless driving, hit-and-run) | 3 to 15 years per death |
| Second-Degree | Misdemeanor | Ordinary traffic infractions (e.g., failure to yield) | Up to 12 months in jail |
Even a “minor” driving mistake can lead to serious consequences if it causes someone’s death.
What are the penalties for vehicular homicide in Georgia?
- Felony Vehicular Homicide:
3–15 years per death. Mandatory prison time for repeat offenders or aggravated cases. - Misdemeanor Vehicular Homicide:
Up to 1 year in jail, fines up to $1,000, and possible license suspension.
Penalties can increase if multiple people were killed, if you left the scene, or if you were driving with a suspended license.
Can I go to jail for a traffic mistake that causes a death?
Yes. Georgia law doesn’t require criminal intent. If a traffic violation—however unintentional—causes a death, you can be charged and jailed.
Example: A driver runs a stop sign and strikes a motorcycle, killing the rider. Even without alcohol or speed, that driver could face second-degree vehicular homicide.
What should I do if I’ve been involved in a fatal crash?
- Do not leave the scene.
- Don’t admit fault or speculate.
- Politely decline to answer questions until you’ve spoken to a lawyer.
- Call an experienced criminal defense attorney as soon as possible.
What you say—or don’t say—can affect whether you’re charged or how severe the charges are.
Get Help from a Georgia Vehicular Homicide Defense Lawyer
If you’ve been involved in a fatal car accident, your freedom and future could be at stake—even if you weren’t intoxicated. At Hines Law, our criminal defense team has handled serious traffic cases throughout Georgia, including felony vehicular homicide and second-degree charges stemming from honest mistakes.
We serve clients in Cobb County, Fulton County, Dekalb County, Clayton County, Gwinnett County, and Hall County.
Request a confidential case review today — call 404-226-4236 or contact us online.
FAQ
Can I be charged even if the accident wasn’t my fault?
No, but police might investigate aggressively. If you’re not at fault, your attorney can help protect you from unjust charges.
Is vehicular homicide always a felony in Georgia?
No. Second-degree vehicular homicide is a misdemeanor, but still carries serious consequences.
Can a fatal accident affect my immigration status?
Yes. A conviction for a felony or serious driving offense can affect visas, green cards, or citizenship applications.
What if I wasn’t speeding or texting—just made a mistake?
Mistakes that violate traffic laws and result in death can still lead to charges, even if unintentional.
Will I lose my license after a fatal accident?
Possibly. A conviction may lead to license suspension or revocation, depending on the charge.