Child Injured by Vehicle in Gainesville

Hall County Courthouse

Gainesville, Ga. - An eleven year old child was struck by a truck in Gainesville this past week. He is currently in critical condition.

No charges have been filed yet, but as a Gainesville DUI Lawyer, I will outline the law behind the offense of serious injury by vehicle in the state of Georgia as those are potential charges.

Serious Injury by Vehicle

In O.C.G.A. § 40-6-394, serious injury by vehicle is defined 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.

The Serious Injury by Vehicle statute does not define what constitutes a “serious injury.”  Other statutes define it as a “fractured bone, severe burns, disfigurement, dismemberment, partial or total loss of sight or hearing, or loss of consciousness.”  To be “serious,” the injury need not be permanent – a serious, temporary injury is sufficient and only needs to impair or injure the appearance of a person. 

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.

Practice Note

This charge is typically seen along side charges of DUI in Gainesville. If you have been arrested for driving under the influence, call our offices now.