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My brother got into a car accident in May,and sadly the lady whom he hit just died recently (It's been 4 months or so).

Kennesaw, GA |

Therefore, I was wondering despite the fact that the case was closed and we paid for injuries, damages and everything else would he be arrested? and if so would he be charged for an involuntary manslaughter or a misdemeanor?

Attorney Answers 8


  1. Best answer

    If her death can be attributed to the injuries she received in the crash then your brother could have problems. However, if he was prosecuted for the crash they cannot come back after him.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  2. This could be a serious matter. You should talk with a criminal lawyer as soon as possible.


  3. Your question is a bit unclear. When you say the case was closed and you paid for injuries, damages and everything else, what does that mean? Was there already a prosecution for the accident? If so, the state is not going to be able to come back and create a new case for the same collision.

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  4. If she died as a result of injuries from the accident, he could be charge.

    Darrell B. Reynolds,
    Attorney and Counselor at Law
    2385 Lawrenceville Highway, Ste D
    Decatur, Ga. 30033
    404-636-6616


  5. Get a lawyer in GA. if there is a link between the death and the MVI you would have a wrongful death claim. See a qualified lawyer in GA at once.

    You should consult an attorney in your State at once. This response does not constitute legal advise outside the State Of Michigan and is not intended to establish an attorney-client relationship with our offices. It is for informational use only of the general laws in the State of Michigan, only. To retain our offices, you need to sign a contingency contract with us. We do offer free consultations and we can refer clients to lawyers in your State if you call us. Visit our webpage and tell us what you think. www.schnitzerlaw.net


  6. Your post lacks information we need.

    Was he previously charged with any traffic offense? Was that prosecuted already or is it pending?

    Were you sued for damages?

    Did he have insurance?

    What did he do to cause the accident?

    Far more details are needed.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  7. If your brother was already prosecuted and fined for a traffic ticket related to the collision then he cannot be prosecuted again for vehicular homicide as this would constiute double jeopardy. But if not then he can be prosecuted for causing her death. Your brother should consult a criminal defense attorney as soon as possible. My partner, Noah Pines, is a very well respected criminal defense attorney here in Georgia. You can call him at 404 812 4300 to schedule a free consultation with him.


  8. Many states today have statutes that permit the revival of an action that was pending when a party died. In the usual course, an executor or administrator is substituted for the deceased party and the lawsuit continues. A lawsuit may not be revived unless the underlying cause of action continues to have a legal existence after the party’s death. Revival statutes vary from state to state, but today most lawsuits do not abate due to the death of the party.

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