Metro Atlanta, Ga. - According to reports out of a neighboring Metro Atlanta county, an older gentleman was seriously injured after a car crash off of Dallas Highway Circle.
Authorities reported that a group of “car enthusiasts” were speeding down Whitlock Avenue when one of the cars passed the westbound cars. The passing occurred in a no-passing zone. Other cars followed behind which led to the accident.
No charges have been reported yet, but as an Atlanta DUI Lawyer, I will outline one of the possible charges - serious injury by vehicle.
Serious Injury by Vehicle
Georgia Law defines serious injury by vehicle as:
“…caus[ing] 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 Reckless Driving or DUI.”
Serious injury is not defined by this law in particular. However, 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.
This law does not require that any malicious intent to harm be proven. As a result, defenses that include a driver not intending to get in an accident, drive recklessly, or drive under the influence.
Serious injury by vehicle is classified as a felony offense. This means that if a driver is convicted of serious injury by vehicle, then he or she is facing up to 15 years in prison.
Practice Note
It does not matter what charges you are facing - if you have been arrested, contact our offices today. We can help you now.
Comments
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment