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.
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