Reports out of DeKalb County allege that a dump truck crashed with a school bus on Tuesday afternoon. According to reports, there were no children on board, however, the two adults on board were school district employees. Both of them were taken to a nearby hospital with injuries.
No further details have been released, however, if it is found that either DUI or reckless driving in Georgia, then more charges could apply. As a Georgia DUI Lawyer, I will outline the offense of serious injury by vehicle.
Serious Injury by Vehicle in Georgia
Serious injury by vehicle in Georgia is defined by Georgia Law in O.C.G.A. §40-6-394 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 Reckless Driving or DUI in Georgia.
This law does not define what constitutes a serious injury. Other 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 “serious,” the injury need not be permanent – 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.” Whether an injury is serious is a question of fact to be determined by the jury.
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.
It is important to remember that if there is a defense to the underlying DUI or reckless driving , there is a defense to the serious injury by vehicle charge as well. Even if you allegedly failed a breath or blood test, there are still Georgia DUI Defenses.
Georgia DUI Laws are complicated. In addition to the criminal case, an individual charged with DUI is also facing a possible administrative license suspension, which has its own separate and distinct set of procedures and rules. If you or a loved one has been accused of DUI or Reckless Driving or another serious traffic violation, contact a Georgia DUI Attorney today.