In some accidents, an at-fault driver may be defending a criminal prosecution while contending with separate civil claims from injured or deceased victims. That scenario may develop in Georgia in connection with a fatal accident occurring outside of Atlanta this past weekend when a man driving an RV on I-75 crashed into a car and reportedly kept going. Charges were filed against him in Georgia for felony hit-and-run.
As it turns out, the Atlanta police now acknowledge that he did stop a short distance away and call the crash in to Atlanta authorities, stating that he was unaware of any injuries. However, that may not be enough to exonerate him from a hit-and-run prosecution. He is alleged to have crashed into a Toyota Camry with his RV motor home northwest of Atlanta on Saturday, Oct. 26. The Camry then hit a Prius, which hit the median and flipped.
A 40-year-old man from Winter Garden died in the accident. The RV driver returned to Atlanta and turned himself in, where he is now in custody in Cobb County with no bail set. Earlier, Atlanta police had called Florida authorities asking help in locating the white motor home. Cape Coral police located the white Dutch Star motor home at property presumably owned by the man now being held in custody in Georgia. The Cape Coral police impounded the RV and it’s now being held in the Cape Coral evidence lot.
In Georgia and elsewhere it often occurs that a driver being prosecuted in connection with a fatal accident is also facing simultaneous but separate civil claims for monetary compensation from victims of the vehicle accident. In this case, the estate of the deceased individual may make a wrongful death claim against the at-fault party for death damages. The claim will likely be processed and administered mainly by the at-fault driver’s insurance company. Death damages consist of monetary compensation for pain and suffering, loss of life’s pleasures, lost wages, burial expense, permanent disability and medical bills.
Source: Wink News, Cape Coral Man Accused In Fatal GA Crash Turns Himself In, No author, Oct. 29, 2013