Forest Park, Ga. – According to reports out of Forest Park in Clayton County, two people are in life-threatening condition after a serious crash with a tractor-trailer on Old Dixie Road.
Not many details have been released by officers and investigators. However, as a Georgia DUI Lawyer, I want to focus today's post on a potential charge if it is determined that one of the drivers is guilty of a traffic violation that led to the serious injuries of either party.
Serious Injury by Vehicle in Georgia
Serious Injury by Vehicle in Georgia is defined in the Georgia Code 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 up to 15 years in prison.
As you can see from the law above, serious injury by vehicle charges are often associated with charges for DUI in Georgia. If you or a loved one has been arrested for DUI, call our offices now.