Cobb County police were called to the scene of an accident early this past Saturday morning.
According to reports, a father and son were ejected from their pickup truck after crashing on I-575. They were allegedly towing a homemade flatbed trailer behind the truck. As of right now, officers believe that the father fell asleep behind the wheel of the truck while driving.
The investigation is still ongoing, however. If it does appear that the driver committed a traffic offense which led to the serious injury of his son - a passenger in his vehicle - then he may be facing some charges regarding this accident.
As a Georgia DUI Lawyer, I am very familiar with all types of serious traffic offenses. This includes offenses include violations that involve accidents such as serious injury by vehicle or even vehicular homicide in Georgia.
In today's post I will outline the law behind serious injury by vehicle in the state of Georgia.
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.
Police are asking anyone with any information to contact them immediately regarding this accident. Both the driver and his son were transported to Kennestone Hospital.
Traffic violations and accidents are very complicated. There is an endless list of options as to what actually occurred and whether or not a driver is criminally responsible. If you or a loved one has been arrested, contact a Georgia DUI Attorney for help with your case now.