Gainesville, Ga. - According to reports out of Gainesville, a young boy was struck by a truck outside of his home.
He was riding a bicycle when he was hit during rush hour on Monday evening. The boy has survived, but he is currently in critical condition.
As a Georgia DUI Lawyer, I will outline the law behind the offense of serious injury by vehicle.
Serious Injury by Vehicle in Georgia
In O.C.G.A. § 40-6-394, serious injury by vehicle in Georgia is defined 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.
The Serious Injury by Vehicle statute does not define what constitutes a “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.” 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.
Serious injury by vehicle charges are only seen in conjunction with reckless driving and DUI in Georgia. If you or a loved one has been arrested, call our offices now.
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