Atlanta, Ga. - According to reports after rush hour yesterday, a multi-vehicle crash led to I-85 standing still for nearly two hours.
The crash involved a total of eight vehicles. Officers reported that there were five people injured and were taken to a local hospital.
The incident is still under investigation. No charges have been filed. However, whenever there are serious injuries resulting from a traffic incident, authorities look at the driving of all parties involved.
That being said, as an Atlanta DUI Lawyer, I will focus on an offense that is seen with charges of DUI in Atlanta where accidents involve injuries.
Serious Injury by Vehicle
Serious injury by vehicle is related to DUI and reckless driving. The law states that: 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.
Call our offices today if you are facing a serious traffic violation in the Metro Atlanta Area. We can help you today.
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