Fatal Car Accidents in Georgia: Wrongful Death Claims for Crash Victims

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When someone is killed in a Georgia crash, the State may prosecute the driver while the family pursues a civil claim, and the two cases ask different questions, use different measures of proof, and run on different clocks. The civil claim belongs to the surviving spouse or children, and the parts of Georgia law specific to a death caused by a motor vehicle are the criminal offense, the parties who can be liable, the notice periods for government defendants, and the insurance floor.

The Criminal Offense and the Civil Claim

OCGA 40-6-393 defines homicide by vehicle. In the first degree, “[a]ny person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163, Code Sections 40-6-390 through 40-6-391, or subsection (a) of Code Section 40-6-395” is punished by “imprisonment for not less than three years nor more than 15 years” (OCGA 40-6-393(a)). Leaving the scene of a fatal accident in violation of OCGA 40-6-270(b) is also first degree (OCGA 40-6-393(b)). In the second degree, a person who “causes the death of another person, without an intention to do so, by violating any provision of this title” other than the listed provisions is “punished as provided in Code Section 17-10-3” (OCGA 40-6-393(c)).

The civil claim is measured differently. A preponderance of the evidence is sufficient in civil proceedings, while a criminal verdict of guilty requires a greater strength of conviction, subject to exceptions (OCGA 24-14-3).

Who Holds the Claim

The statute measures the loss as “the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived” (OCGA 51-4-1(1)), and defines homicide to include a death resulting from a crime, from criminal or other negligence, or from defectively manufactured property, with or without negligence (OCGA 51-4-1(2)). The surviving spouse, or if there is none, the decedent’s children, whether minors or adults, may recover the full value of the decedent’s life as the evidence shows it (OCGA 51-4-2(a)). If no one is entitled to sue under OCGA 51-4-2 or 51-4-4, the administrator or executor may sue and hold the recovery for the next of kin (OCGA 51-4-5(a)).

Who Can Be a Defendant

Potential defendant Theory or notice rule Statute
The driver Failure to use the care that ordinarily prudent persons use in the same or similar circumstances OCGA 51-1-2
The driver's employer Liability for an employee's torts within the scope of its business OCGA 51-2-2
A vehicle or parts manufacturer Strict liability for a product not merchantable and reasonably suited to its use when sold; a wrongful death "homicide" includes death from defectively manufactured property OCGA 51-1-11(b)(1); OCGA 51-4-1(2)
An alcohol provider Liability only within two exceptions, both requiring knowledge that the drinker would soon be driving OCGA 51-1-40(b)
A city Written presentment within six months of the event on which the claim is based OCGA 36-33-5(b)
A county Presentment within 12 months after the claim accrues OCGA 36-11-1
The State Written notice within 12 months of when the loss was or should have been discovered OCGA 50-21-26(a)(1)

For example, imagine a crash on January 10, 2027, in which the driver of the other car dies on March 20, 2027. A wrongful-death action accrues at death, and the Supreme Court of Georgia declined to extend the limitation period by adopting a discovery rule for it (Miles v. Ashland Chemical Co., 261 Ga. 726 (1991)); under OCGA 9-3-33, the two-year period would end on March 20, 2029. If a city were a defendant, six months from the crash would be July 10, 2027, and six months from the death would be September 20, 2027, so presentment within six months of the crash would satisfy either count.

Insurance Floor

Georgia’s uninsured motorist statute requires an endorsement with limits that, at the insured’s option, are at least $25,000.00 for bodily injury to or death of one person, $50,000.00 for two or more persons in one accident, and $25,000.00 for property damage, or equal to the insured’s own liability limits if those are higher (OCGA 33-7-11(a)(1)(A), (B)). A liability policy satisfies the financial responsibility law only if its limits are at least the amounts in OCGA 33-7-11(a)(1)(A) (OCGA 40-9-37(a)).

The Decedent’s Own Fault

Fault is weighed for all who contributed to the death, in the case or out of it; the plaintiff’s own percentage reduces the award and a share of 50 percent or more bars it, and a nonparty’s fault enters the count when the plaintiff settled with that nonparty or a defendant gave notice at least 120 days before trial that the nonparty was wholly or partly at fault (OCGA 51-12-33(a), (c), (d)(1), (g)).

Punitive Damages and Impairment

Punitive damages require clear and convincing proof (OCGA 51-12-5.1(b)). Outside product liability, there is no limit on punitive damages against an active tort-feasor who acted with the specific intent to cause harm or while so impaired by alcohol, drugs other than lawfully prescribed drugs, or an intentionally consumed toxic vapor that judgment was substantially impaired (OCGA 51-12-5.1(f)); in other tort actions not covered by subsections (e) and (f), the award is capped at $250,000.00 (OCGA 51-12-5.1(g)).

Frequently Asked Questions

Does the wrongful death claim include the decedent’s pain before death?
No. The decedent’s own claim for injuries before death survives to the personal representative, and the personal representative, not the survivors who bring the wrongful death claim, recovers funeral, medical, and other necessary expenses when the death results from a crime or from criminal or other negligence (OCGA 9-2-41; OCGA 51-4-5(b)).

Who sues for the death of a child killed in a crash?
If the child leaves no spouse or child, the right belongs to the parents: jointly if they live together and are not divorced, to the survivor if one parent has died, and to both if they are divorced, separated, or living apart (OCGA 51-4-4; OCGA 19-7-1(c)(2)).

Can a no-contest plea be used against the driver in the civil case?
Except as otherwise provided by law, a plea of nolo contendere may not be used against the defendant in any other court or proceeding as an admission of guilt or for any other purpose (OCGA 17-7-95(c)).

What if the at-fault driver was a habitual violator with a revoked license?
A person declared a habitual violator who, while the license is in revocation, causes a death by operating a motor vehicle commits homicide by vehicle in the first degree, punishable by imprisonment for five to 20 years (OCGA 40-6-393(d)).

  • OCGA 40-6-393(a) through (d); OCGA 24-14-3; OCGA 17-7-95(c)
  • OCGA 51-4-1, 51-4-2(a), 51-4-4, 51-4-5(a), (b); OCGA 9-2-41; OCGA 19-7-1(c)(2)
  • OCGA 51-1-2; OCGA 51-2-2; OCGA 51-1-11(b)(1); OCGA 51-1-40(b); OCGA 36-33-5(b); OCGA 36-11-1; OCGA 50-21-26(a)(1)
  • Miles v. Ashland Chemical Co., 261 Ga. 726, 410 S.E.2d 290 (1991); OCGA 9-3-33
  • OCGA 33-7-11(a)(1)(A), (B); OCGA 40-9-37(a)
  • OCGA 51-12-33(a), (c), (d)(1), (g)
  • OCGA 51-12-5.1(b), (f), (g)

Disclaimer

This article provides general information about wrongful-death claims arising from motor-vehicle crashes under Georgia law. It is not legal advice and does not create an attorney-client relationship. Who may sue, which deadlines apply, and which coverage responds depend on the specific facts and the relationships of the people involved. A family dealing with a fatal crash should consult a licensed Georgia attorney about the particular situation.

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