Officers are still investigating the head-on collision that injured two people last Tuesday just outside of the City of Atlanta.

According to reports, officers were dispatched to a crash scene where a Mustang and Subaru hit each other head-on. This caused the Subaru to be pushed into the next lane causing another side collision. Two of the drivers involved were transported to WellStar. As of right now, the injuries have been reported as non-life-threatening.

However, just because an injury is non-life-threatening does not mean that it is not considered serious by law.

As an Atlanta DUI Lawyer, I will outline the law behind one of the potential charges in the case above - serious injury by vehicle.

Serious Injury by Vehicle in Atlanta

Serious injury by vehicle is defined by Georgia Law in O.C.G.A. §40-6-394 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 law considers serious injuries to include: burns, disfigurements, partial or total loss of sight or hearing, fractured bones, etc. In order for an injury to be considered as serious, the injury does not need to be permanent. A serious yet temporary injury is sufficient. The severity of the injury is a question of fact to later be determined by a jury.

As you can see from the law above, the law itself does not require that there be any intent to harm another person in order for the offense to be proven.

The result of a conviction for serious injury by vehicle is severe. The consequences are a felony conviction and the possibility of up to fifteen years in prison.

Practice Note

So if the accident is determined to be the result of one of the drivers either DUI in Atlanta or reckless driving, then he or she may be facing a charge of serious injury by vehicle since both drivers ultimately were sent to the hospital as the result of this collision.

If you or a loved one has been arrested in Atlanta, contact an Atlanta DUI Defense Lawyer now. We can help you with your case and determine the best course of action for you. Call today.