North Atlanta, Ga. - Two pedestrians are facing serious injuries after being hit by a vehicle in North Atlanta earlier today.
The collision occurred around 6:30PM and the surrounding roads were shut down until around 9:00PM. Both of the pedestrians are currently in the hospital. One of the victims is in critical condition. There have been no updates about charges in relation to the incident.
As an Atlanta DUI Lawyer, I will outline what could potentially be a charge for the alleged driver in this situation - serious injury by vehicle. Serious injury by vehicle is a complicated offense because it requires that the driver be either recklessly driving or driving under the influence. Read below.
Serious Injury by Vehicle
Georgia law outlines the law behind the offense of serious injury by vehicle in OCGA §40-6-394.
…causing 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 O.C.G.A. § 4-6-390 (Reckless Driving) or O.C.G.A. § 40-6-391 (DUI).
The law behind serious injury by vehicle does not require that any malicious intent to harm be proven. As a result, defenses such as where a person did not intend to get in an accident or drive recklessly are not legally relevant.
Serious injury by vehicle is classified as a felony offense in Georgia. The minimum sentence for serious injury by vehicle is one year in prison, and the maximum is 15 years in prison. Very rarely is the minimum sentenced if there has been a very serious injury.
As I mentioned above, serious injury by vehicle requires that the suspected/accused driver be accused of reckless driving or DUI in Atlanta. I handle these types of cases often as a result of them being charged hand in hand.
If you have been arrested for DUI or any other DUI related offense in the Metro Atlanta Area, call our offices today. An Atlanta DUI Attorney can help you with your case now.