Fulton County Court Orders Probation for Truck Driver

April 10, 2012, by

Thumbnail image for Thumbnail image for 1330873_27868463.jpgA Fulton County State Court judge has issued an order that effectively closes the case involving the death of a Georgia Department of Transportation HERO driver that occurred last year. As a Gwinnett County truck injury and wrongful death lawyer, I have been following this tragic case and wanted to share with readers the outcome for the offending driver.

The judge in the tragic deadly accident ordered the truck driver to a year of probation, loss of commercial driver's license for a year and other penalties. The closure of the matter is the result of a plea bargain reached earlier this week.

The accused truck driver caused the "HERO" operator's death while he worked on Interstate-85. The driver had been charged with second-degree vehicular homicide in the death of the HERO operator who was hit while assisting an Atlanta driver. He was the first such operator to lose his life in the line of duty.

The charged truck driver was towing a trailer behind his pick up truck. The family of the deceased HERO operator was hoping for the offending driver to spend time in jail. The offense carries a one-year maximum prison sentence. But that was not to be.

The Official Code of Georgia Annotated section § 40-6-393 (c) provides that "Any person who causes the death of another person, without an intention to do so ... commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3." This would have allowed a prison sentence for the truck driver in this case.

Even in Gwinnett County, we have seen injury to HERO workers while they do their work. The GDOT has asked drivers to slow down and help keep these workers safe while they help us and our community.

As a Gwinnett County, Georgia truck crash lawyer with offices throughout the Atlanta area, I represent victims involved in truck accidents who have sustained injuries in all surrounding cities and counties, including Duluth, Fulton County, Grayson, Gwinnett County and more. Please contact our law firm for a free confidential consultation at our main Gwinnett County law office, or at our offices in Decatur, the Perimeter and Buckhead.