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Police Search for Driver in Marietta

Posted by Richard Lawson | Oct 15, 2020 | 0 Comments

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.

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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