According to reports, Juan Ues collapsed in the middle of a road in Cobb County. He was allegedly run over by not just one but two different vehicles. Ues remains in critical condition with several broken ribs, a cracked pelvis and severe brain bleeding.
One Cobb County police officer commented that, “We don't think the two (drivers) realized they even hit him.” A witness reported that one car was orange and the other was silver. Police are still searching for the two drivers.
Serious Injury by Vehicle
Serious injury by vehicle in Georgia is defined by Georgia Law 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 the violation of O.C.G.A. § 4-6-390 [Reckless Driving in Georgia] or O.C.G.A. § 40-6-391 [DUI in Georgia]. Georgia Code §40-6-394.
The law behind serious injury by vehicle does not require that any malicious intent to harm be proven. As a result, defenses such as where a person did not intend to get in an accident or drive recklessly are not legally relevant.
Serious injury by vehicle is classified as a felony offense in Georgia. The minimum sentence for serious injury by vehicle is one year in prison, and the maximum is 15 years in prison. Very rarely is the minimum sentenced if there has been a very serious injury.
If the two drivers are facing any charges, it will depend completely on the results of the investigations. If there was any indication that either of the drivers were driving recklessly or seemed to be under the influence, then the investigations will continue. One or both of the drivers might be facing a charge of serious injury by vehicle.
As a Georgia DUI Attorney, I am very familiar with serious offenses such as the one I focused today's post on. If you or a loved one is facing serious traffic violations, there is the possibility of lengthy and life-altering sentences and consequences. This is where we come in to help. Contact our offices today.