Atlanta, Ga. – According to reports last week, a serious crash shut down lanes on Interstate 285 Northbound at Washington Rd.
The wreck occurred on the Southside Perimeter and shut down lanes for a few hours. No details have been released yet, but it appeared to involve a Corvette, and injuries were reported.
As an Atlanta DUI Lawyer, I will cover the law behind one of the possible offenses that could have been committed – serious injury by vehicle.
Serious Injury by Vehicle
The Georgia Code defines serious injury by vehicle in O.C.G.A. §40-6-394 as:
Whoever, without malice, shall cause bodily harm to another by depriving him of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of Code Section 40-6-390 or 40-6-391 shall be guilty of the crime of serious injury by vehicle. A person convicted under this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than 15 years.
This law does not define what constitutes a serious injury, so in these situations, we have to look to other sources within the Georgia Code. Other Georgia laws define it as a “fractured bone, severe burns, disfigurement, dismemberment, partial or total loss of sight or hearing, or loss of consciousness.” To be considered serious, the injury does not need to be permanent. Instead, a serious, temporary injury is sufficient and only needs to impair or injure a person's appearance.
In the past, injuries such as loss of vision in one eye, blurry vision, a two-inch scar on the forehead, broken ribs, and severe bruising have qualified as “serious.” Whether an injury is serious is a question of fact to be determined by the jury.
Serious injury by vehicle is classified as a felony offense. The penalty if convicted of serious injury by vehicle can include up to 15 years in prison.
As you can see in order to be charged with serious injury by vehicle, the driver must either be driving recklessly or DUI in Atlanta. If not, then the crime of serious injury by vehicle does not apply.
If you or a loved one has been arrested in the City of Atlanta, call our offices now. We can help you with your case today. An Atlanta DUI Attorney can give you all available options.