Police Search for Driver in Marietta

Marietta, Ga. - Police in Cobb County are searching for a driver who allegedly struck a pedestrian on Wednesday evening.

According to reports, the pedestrian was hit by a pickup truck and seriously injured. The incident occurred on Piedmont Road. The crash is currently under investigation. No other details have been released.

As a Georgia DUI Lawyer, I handle everything related to DUI in Georgia. This includes incidents like this where the driver may be facing criminal charges as a result of striking the pedestrian.

In today's post, I will focus on 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

If you or a loved one has been arrested for a serious traffic violation like those listed in the story above, call our offices today. Our lawyers can help you now.