Closer Look at Serious Injury by Vehicle After Moped Driver in Critical Condition After Accident

Posted by Richard Lawson | Oct 16, 2018 | 0 Comments

Wilmontine Jackson is currently in critical condition at Grady Memorial Hospital in Atlanta after sustaining serious injuries during an alleged hit-and-run accident on Sunday evening. 

According to reports, authorities have found a surveillance video of the incident which shows a dark vehicle entering her lane on North Avenue and striking her moped. The vehicle then kept driving away. Anyone with information has been asked to contact the Atlanta Police Department. 

As a Georgia DUI Lawyer, I will take a closer look at the law behind Serious Injury by Vehicle in Georgia in today's post.

Serious Injury by Vehicle in Georgia

The Georgia Code defines Serious Injury by Vehicle in Georgia 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). O.C.G.A. §40-6-394.

The Serious Injury by Vehicle law does not define “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.”  The injury doesn't need to be permanent in order to be considered as serious – 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.

This law 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 allowed.

Practice Note

This is where a Georgia DUI Attorney comes in. We handle serious traffic offenses all of the time because the majority of DUI cases have other traffic violations associated with them. 

If you or a loved one has been arrested or cited for a serious traffic violation, contact our offices today.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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