Atlanta Serious Injury by Vehicle Lawyer

What is Needed to Prove Serious Injury by Vehicle? Part 1 - The Traffic Offense

Two things need to be present in order to prove serious injury be vehicle. First, there has to be an underlying traffic violation of either reckless driving, driving under the influence (DUI), or hit and run. These are predicate offenses, meaning you have to be found beyond a reasonable doubt to be violating one of these underlying offenses before you can be found guilty of serious injury by vehicle. You can be charged with more than one of these underlying offenses in one indictment where someone is seriously injured. Each of these traffic violations requires different elements, and I will go over each of them here.

Reckless Driving

Reckless Driving is defined under Georgia law in O.C.G.A. 40-6-390. That statute states: “Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.”

The key in this statute is the reckless disregard for the safety and persons of others. One does not have to be speeding or cause an accident to commit the offense of reckless driving. They just have to be alleged to be operating their vehicle in a manner that could put the safety of persons or property of others at risk. This could involve weaving in and out of traffic, tailgating vehicles at high rates of speed, or a combination of traffic offenses where the combined action is more than just the individual violations.

You do not have to have the intent to drive recklessly to be found guilty of reckless driving. You just have to be found to have driven in a criminally negligent manner that is found to be in reckless disregard for the safety of persons or property.

Driving Under the Influence (DUI)

Driving Under the Influence is defined under Georgia law in O.C.G.A. 40-6-391. You have to be found beyond a reasonable doubt to be driving under the influence before you can be convicted of serious injury by vehicle if the DUI is the only underlying traffic offense in the indictment that qualifies for a serious injury by vehicle charge. For more details about metro Atlanta DUI law, go here.

Hit and Run

Georgia law requires any driver involved in a motor vehicle accident (cars, trucks, motorcycles, trikes, bikes, etc) resulting in injury or death to another to stop at the scene of the accident. The statute, Official Code of Georgia 40-6-270 requires that the following be done:

• Give his or her name and address and the registration number of the vehicle he or she is driving;

• Upon request and if it is available, exhibit his or her operator's license to the person struck or the driver or occupant of or person attending any vehicle collided with;

• Render to any person injured in such accident reasonable assistance, including the transporting, or the making of arrangements for the transporting, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person; and

• Where a person injured in such accident is unconscious, appears deceased, or is otherwise unable to communicate, make every reasonable effort to ensure that emergency medical services and local law enforcement are contacted for the purpose of reporting the accident and making a request for assistance.

The Serious Injury by Vehicle statute states that you cannot be charged with serious injury by vehicle based on a hit and run violation if you stop and exchange insurance information prior to leaving the scene. However, the hit and run statute requires you take more action than that if necessary and you can still be guilty of hit and run for not following through on all of the above requirements.