Atlanta, Ga. - Just outside of the city, reports of a major shutdown occurring on Interstate 285 hit news outlets recently.
According to those reports, a multi-vehicle crash is what led to the shutdown. As of right now, authorities have not released what primary investigations have revealed. Therefore, the cause of the crash is unknown as well as any details regarding injuries.
However, there are serious charges that involve accidents and serious injuries when they are the result of negligent or criminal driving. If a serious injury occurs as the result of another driver recklessly driving or driving under the influence in Atlanta then that driver may be facing misdemeanor or even felony charges.
As an Atlanta DUI Lawyer, I will outline the law behind the crime of serious injury by vehicle in the state of Georgia. Read below.
Serious Injury by Vehicle
Serious injury by vehicle is defined 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 high fines and up to fifteen years in prison.
If you have been arrested for DUI in connection to an accident, call our offices today. An Atlanta DUI Attorney can help you with your case and determine which path is right for you. Call now.