Marietta Pedestrian Struck by Vehicle

Posted by Richard Lawson | Nov 06, 2020 | 0 Comments

Marietta Municipal Court

Marietta, Ga. - Police officers in Marietta reported that a 64-year-old man was rushed to a local hospital after being struck by a vehicle. He allegedly walked into the path of an SUV without a crosswalk. Investigators are still unsure as to why he walked into traffic. He is currently recovering from several life-threatening injuries.

As of right now, the driver of the SUV has not been found criminally at fault. However, as a Marietta DUI Lawyer, I do want to focus on a potential charges - serious injury by vehicle. Serious injury by vehicle charges are seen in conjunction with charges of DUI in Marietta. Read more below.

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

Call our offices today - we can help you with your case if you or a loved one has been arrested. We know how to properly and successfully represent you.

About the Author

Richard Lawson

Richard S. Lawson is passionate about intoxicated driving defense. Unlike some attorneys, Mr. Lawson devotes 100% of his legal practice to helping people stand up for their rights against DUI charges. For more than 20 years, Mr. Lawson has dutifully fought for his clients' freedom, resolving more 4,900 impaired driving cases during the course of his career. Today, Mr. Lawson has developed a reputation as a skilled negotiator and continues to help clients by fighting to keep them out of jail.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment