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Gainesville Boy Struck by Vehicle

Posted by Richard Lawson | Oct 21, 2020 | 0 Comments

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.

About the Author

Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense and Criminal Defense. As a former Prosecutor he knows both sides of your case. Put his experience to work for you. In DUI cases, you only have 30 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

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Georgia DUI Defense Attorneys

At the Law Office of Richard S. Lawson, we have offices conveniently located throughout metro Atlanta and throughout Georgia. If we do not have a convenient office, we will come to you. We practice throughout Metro Atlanta and North Georgia. If your case is in an area we do not serve, we will find you an attorney in your area free of charge. Our office is part of a State-wide network of Georgia DUI Lawyers. Contact us 24/7 for immediate legal help. Our attorneys are standing by. Your DUI Case will not defend itself. Your Best Georgia DUI Defense Begins Here!

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