According to reports out of Atlanta, an elderly man was critically injured after being hit by a vehicle off of Clairmont Road.
As of right now, the driver who hit the pedestrian is not expecting any charges. But as a Georgia DUI Lawyer, I will outline the law behind serious injury by vehicle on the off chance that he may be found criminally responsible for the man's injuries.
Serious Injury by Vehicle in Georgia
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 you or a loved one has been arrested for a serious traffic violation, contact our offices now.