Gainesville Boy Struck by Vehicle

Hall County Courthouse

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.

Practice Note

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.