Serious Injury by Vehicle Attorney in Atlanta

Former Federal Prosecutor Defending Georgia’s Serious Injury by Vehicle Charges

Georgia calls this felony offense serious injury by vehicle, though it’s sometimes described as vehicular assault. A collision alone isn’t enough to establish the charge. Depending on the subsection alleged, the prosecution must connect qualifying bodily harm to reckless driving, DUI, or leaving the scene of an injury crash.

We examine the alleged traffic violation, the nature of the injury, and the evidence connecting our client’s conduct to the collision. Our attorney Howard Jarrett Weintraub served for three years as a federal prosecutor with the United States Department of Justice and seven years as an Assistant United States Attorney in the Northern District of Georgia.

What Georgia Must Prove Under O.C.G.A. § 40-6-394

O.C.G.A. § 40-6-394 defines bodily harm narrowly. The alleged injury must involve the loss or loss of use of a body member, serious disfigurement, or organic brain damage that renders the body or a body member useless. Pain or medical treatment alone doesn’t automatically satisfy this statutory standard.

The statute creates two principal paths to a felony charge:

• Reckless driving or DUI: Subsection (b) applies when someone causes an accident resulting in bodily harm while violating Georgia’s reckless-driving or DUI laws. A conviction carries one to 15 years of imprisonment.
• Leaving the scene: Subsection (c) applies when someone causes an accident known to have resulted in bodily harm and leaves in violation of Georgia’s hit-and-run law. A conviction carries one to 10 years of imprisonment.

The potential sentence depends on the charged subsection and the facts of the case. Serious injury by vehicle remains a standalone felony allegation even when DUI or another traffic offense is the alleged underlying violation.

Evidence That Can Shape a Serious Injury by Vehicle Defense

A defense review should separate the prosecution’s allegations into distinct elements. We examine whether the underlying violation occurred, whether it caused the collision, and whether the claimed injury meets Georgia’s definition of bodily harm.

Evidence that may shape this review includes:

• Crash evidence: Police reports, photographs, video, vehicle damage, roadway conditions, and physical evidence from the scene
• Witness accounts: Statements about driving behavior, the sequence of events, and what happened after the collision
• Medical evidence: Records addressing the diagnosis, treatment, prognosis, and alleged loss or loss of use
• Chemical-testing records: Breath, blood, or urine testing information when DUI is the alleged predicate offense
• Causation evidence: Information indicating whether another driver, a roadway condition, a mechanical problem, or another event contributed to the collision or injury

The relevant questions depend on the precise accusation. A case based on reckless driving presents different issues from one involving chemical testing or an alleged failure to remain at the scene.

Felony & Driver’s-License Consequences in Georgia

A conviction can result in incarceration within the range assigned to the applicable subsection. A felony record may also affect employment, housing, professional licensing, immigration, and future court proceedings, depending on the person’s circumstances.

Georgia court reference materials identify serious injury by vehicle as an offense carrying mandatory driver’s-license consequences. Those materials indicate a three-year suspension for a first conviction in the referenced category, with no limited driving permit available during that period. The precise licensing consequences depend on the charge and final disposition.

More Than 2,500 Cases & 55 Years of Combined Experience

Our firm has handled more than 2,500 cases and brings more than 55 years of combined legal experience to criminal defense matters. Howard J. Weintraub and Benjamin B. Alper each hold a 10.0 Avvo rating. Howard has also received commendations from the FBI, IRS, and U.S. Attorney General.

That background informs how we evaluate the statute, crash investigation, medical proof, and prosecution evidence. We focus on the elements of the charged subsection instead of treating the allegation as an ordinary traffic citation or a general DUI case.

What to Gather Before Your Initial Consultation

Gather any available citations, bond paperwork, court notices, crash reports, insurance correspondence, photographs, video, and chemical-testing documents. Be prepared to discuss the collision, the alleged injury, your interactions with law enforcement, and any statements you’ve already made.

Don’t make additional substantive statements about the incident without first obtaining advice based on your circumstances. Our attorneys need to review the specific facts before advising you about evidence preservation, court obligations, or potential defenses.

Discuss Your Serious Injury by Vehicle Charge

We can review the charged subsection, the evidence surrounding the collision, and whether the alleged injury meets Georgia’s statutory definition. Contact us to discuss the investigation or charge and what may come next in your Atlanta criminal case.