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).

Asked almost 2 years ago - 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. David J. McCormick

    Contributor Level 20

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    Answered . 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... more
  2. Daniel Nelson Deasy

    Contributor Level 20

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    Answered . 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.... more
  3. Darrell Brinnett Reynolds Sr.

    Contributor Level 17

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    Answered . 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

  4. Kevin Coluccio

    Contributor Level 20

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

  5. Peter Jonathan Ross

    Contributor Level 9

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    Answered . 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.

  6. Glen Edward Ashman

    Pro

    Contributor Level 20

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    Answered . 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... more
  7. Bret A. Schnitzer

    Contributor Level 16

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    Answered . 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... more
  8. Howard Robert Roitman

    Contributor Level 17

    Answered . 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.

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more

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