According to reports, two family members traveling in a truck and visiting from Kentucky were involved in a horrible crash on I-575. Both individuals were rushed to Kennestone Hospital as soon as authorities got to the scene.
Police have reported that according to preliminary investigations, the driver seemed to lose control of the truck as he was driving around a curve on the interstate.
Regardless of the cause - the truck ended up going off of the highway. Both the driver and the passenger were allegedly not wearing seat belts. The two were ejected from the truck.
No charges have been filed yet. As of right now, the police and investigators assigned to the case believe that the driver fell asleep while driving. However, if it is discovered that the driver committed certain traffic violations, then he may be facing very severe charges.
As a Cobb County DUI Lawyer, I will focus today's post on the law behind one of the offenses that the driver may be facing - serious injury by vehicle.
Serious Injury by Vehicle in Cobb County
Serious injury by vehicle in Cobb County is defined by Georgia Law as:
“…caus[ing] 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 Reckless Driving or DUI.”
Serious injury is not defined by this law in particular. However, 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.
This law does not require that any malicious intent to harm be proven. As a result, defenses that include a driver not intending to get in an accident, drive recklessly, or DUI in Cobb County are not allowed.
Serious injury by vehicle is classified as a felony offense. This means that if a driver is convicted of serious injury by vehicle, then he or she is facing up to 15 years in prison.
It does not matter what charges you are facing or the circumstances of your case. We are here to work for you. If your case involves DUI or any other type of traffic violation - please call us now. A Cobb County DUI Attorney can help you with your case now.