Pedestrian Seriously Injured by Vehicle in Marietta

Cobb County Courthouse

Marietta, Ga. - A pedestrian was struck by a vehicle and seriously injured after allegedly walking into oncoming traffic in Marietta.

Police are unsure as to why the man walked out into traffic, and the driver has been found to be not at fault.

However, as a Georgia DUI Lawyer, my job is to analyze any potential criminal offenses. A potential offense is serious injury by vehicle. I will go deeper into the law below.

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 is frequently seen in cases for DUI in Georgia that involve accidents. If you have been arrested, call our offices now. We can help you with your case and determine the best defenses that will apply. Call now.