Any time an accident or crime involves children - authorities and the public take it all the more seriously. According to reports out of Lawrenceville, a 10-year-old child was struck by a vehicle after he fell off of his skateboard near the intersection of Herbert Hayes Drive and Duke Drive.
The child, although wearing a helmet, was flown to Children's Healthcare of Atlanta at Egleston after medical professionals determined he had bleeding in his brain. He is currently there in the intensive care unit. Fortunately, recent reports show that he is now stable.
Authorities have determined that the driver in this situation is not at fault. However, as a Georgia DUI Attorney, I will outline the law behind one of the offenses that the driver could have faced had it been preliminarily determined that he or she was at fault.
Serious Injury by Vehicle in Georgia
Serious Injury by Vehicle in Georgia is defined by Georgia Law as:
…causing 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 O.C.G.A. § 4-6-390 [Reckless Driving in Georgia] or O.C.G.A. § 40-6-391 [DUI in Georgia]. Georgia Code §40-6-394.
The law behind serious injury by vehicle does not require that any malicious intent to harm be proven. As a result, defenses such as where a person did not intend to get in an accident or drive recklessly are not legally relevant.
Serious injury by vehicle is classified as a felony offense in Georgia. The minimum sentence for serious injury by vehicle is one year in prison, and the maximum is 15 years in prison. Very rarely is the minimum sentenced if there has been a very serious injury.
Accidents and injuries increase the probability of more legal consequences and heightened DUI penalties.
If you or a loved one has been arrested, contact our offices today.