Can a Victim’s Family File a Wrongful Death Lawsuit After a Vehicular Homicide?

When someone is killed in a crash caused by another driver, Georgia law may consider that a crime—specifically, vehicular homicide. But even if the state brings criminal charges, that does not address the financial and emotional toll on the victim’s family. One of the most important questions families ask after such a tragedy is this: Can we file a wrongful death lawsuit if our loved one was killed in a crash that led to a vehicular homicide charge?

In Georgia, the answer is yes. Families can pursue a wrongful death lawsuit regardless of whether criminal charges are filed. Below, wrongful death lawyers at Butler Kahn explain how wrongful death lawsuits work when someone is killed in a crash that qualifies as vehicular homicide under Georgia law.

What Is Vehicular Homicide Under Georgia Law?

In Georgia, someone can be charged with “homicide by vehicle” if they cause another person’s death while breaking certain traffic laws—even if they didn’t intend to hurt anyone.

Under Georgia Code § 40-6-393, a driver commits first-degree vehicular homicide (a felony) if they cause a death while doing any of the following:

• Driving under the influence of drugs or alcohol
• Driving recklessly
• Passing a stopped school bus illegally
• Fleeing from police
• Leaving the scene of a crash that causes a death

Under § 40-6-393, second-degree vehicular homicide happens when someone causes a death while breaking other traffic laws—not the ones listed above. This is a misdemeanor.

So what does this mean for the family of the person who was killed? Criminal charges can punish the driver, but they don’t provide any financial help to the victim’s family. That’s where wrongful death law comes in.

Civil Wrongful Death Lawsuits Are Separate From Criminal Charges

A wrongful death lawsuit is not part of the criminal process. It is a separate civil case, brought by the family of the person who died, and it serves a different purpose. While the criminal case focuses on punishment, the civil case is about compensation for the family’s loss.

Importantly, a wrongful death lawsuit can go forward even if the driver is never charged criminally, or if the driver is found not guilty. That’s because civil cases operate under a different standard of proof. In a criminal case, guilt has to be proven beyond a reasonable doubt. In a civil wrongful death case, the plaintiff just has to show that it is more likely than not that the other person’s actions caused the death.

If the driver is charged with vehicular homicide, that evidence can support the civil case. But the success of a wrongful death lawsuit does not depend on the outcome of the criminal charges.

Who Has the Right to File a Wrongful Death Lawsuit?

Georgia law is specific about who can file a wrongful death claim. Georgia Code § 51-4-2 explains that the surviving spouse of the person who died has the first right to bring the lawsuit. If the deceased was not married, the right then passes to the children. If there are no children or spouse, the parents of the deceased may file the claim. In the absence of any of these relatives, the personal representative of the deceased person’s estate can bring the claim on behalf of the next of kin.

What Can Be Recovered in a Wrongful Death Case?

Georgia law allows for the recovery of two main categories of damages. The first is the full value of the decedent’s life. This is spelled out in Georgia Code § 51-4-2. It covers not only the income the person would have earned if they had lived but also the value of their time, companionship, and contributions to their family and community. The law looks at the value of life from the perspective of the person who died—not from the point of view of their survivors.

The second category of damages comes through a separate claim filed by the deceased person’s estate. Under Georgia Code § 51-4-5, the estate can seek compensation for funeral expenses, medical bills related to the final injury, and any pain and suffering the person experienced before they died. These damages are intended to account for what the person went through before passing and the financial burdens placed on their estate.

How the Criminal Case Affects the Civil Wrongful Death Claim

The existence of a criminal prosecution can affect the timing of a wrongful death lawsuit. Normally, the statute of limitations for a wrongful death claim in Georgia is two years from the date of death. However, Georgia Code § 9-3-99 allows that clock to be paused, or “tolled,” while a criminal case is pending against the same person for the same conduct.

This means that if the at-fault driver is being prosecuted for vehicular homicide, your family may have more time to file a wrongful death lawsuit. The statute of limitations starts running again only after the criminal case is resolved.

This legal protection gives families room to wait for the outcome of the criminal case before deciding how to proceed with a civil claim.

What Must Be Proven to Win a Wrongful Death Case?

To succeed in a wrongful death case, you need to prove that the driver was negligent or broke the law and that their actions directly led to the death of your loved one. This can be shown using a variety of evidence, including police reports, eyewitness accounts, crash reconstructions, toxicology results, and video footage if available.

Even if your loved one may have shared some blame for the crash, Georgia law still allows recovery in many cases. Under Georgia Code § 51-12-33, as long as the deceased was less than 50 percent responsible for the accident, the family can still recover compensation, although the amount may be reduced based on the share of fault.

Why a Civil Wrongful Death Case Still Matters

A criminal conviction does not help families pay funeral bills or recover the loss of a loved one’s income. Criminal courts punish wrongdoers, but they do not provide financial help to victims. A civil wrongful death lawsuit is the only way under Georgia law to get that kind of compensation.

This type of lawsuit allows your family to recover financial support that reflects the contributions your loved one would have continued to make if they had lived. It also gives your family a chance to have your loss acknowledged in a civil court, regardless of what happens in the criminal system.

Atlanta Wrongful Death Lawyer

If your loved one was killed in a crash and the driver has been charged—or may be charged—with vehicular homicide, you may have the right to file a wrongful death lawsuit. That right exists whether or not the criminal case results in a conviction. What matters is that your family lost someone due to another person’s careless or illegal behavior.

To understand your legal options and what your family may be entitled to, contact Butler Kahn by calling (678) 940-1444 or reaching us online for a free consultation with an Atlanta wrongful death lawyer.

Jeb Butler

Jeb Butler’s career as a Georgia trial lawyer has led to a $150 million verdict in a product liability case against Chrysler for a dangerous vehicle design that caused the death of a child, a $45 million settlement for a young man who permanently lost the ability to walk and talk, and numerous other verdicts and settlements, many of which are confidential at the defendant’s insistence. Jeb has worked on several cases that led to systemic changes and improvements in public safety. He has been repeatedly recognized as a Georgia SuperLawyer and ranks among Georgia’s legal elite. Jeb graduated in the top 10% of his class at UGA Law, argued on the National Moot Court team, and published in the Law Review. He is the founding partner of Butler Kahn law firm. Connect with me on LinkedIn