What Are the Penalties for Injuring Someone in a Georgia DUI Accident?
Recently, law enforcement arrested a member of the Georgia House of Representatives on suspicion of drunk driving in a collision involving a bicyclist. According to news reports, the Georgia State Patrol charged State Rep. Devan Seabaugh of Marietta with six counts of DUI following the August 8 accident. Troopers responded to a report of the collision just after 9 p.m. that evening.
In a subsequent Facebook post, Seabaugh claimed that “no one was hurt” in the accident. He complimented the troopers for their “professionalism” and said he would “let the legal process continue to play out.” He did not comment further on his arrest or the pending charges. Those charges include driving under the influence, DUI-alcohol, DUI-drugs, DUI-alcohol and drugs, DUI-multiple substances, and driving under the influence of alcohol.
Serious Injury by Vehicle
As of this writing, the charges against Seabaugh do not include any alleged violations of OCGA § 40-6-394, which defines the crime of “serious injury by vehicle.” Essentially, this is where a drunk driver causes “bodily harm” to another person, which includes any injury that results in disfigurement, brain damage, or the loss of use of a limb. Serious injury by vehicle is a felony under Georgia law that carries a maximum sentence of 15 years in prison for a conviction.
Bicyclists are especially vulnerable to these types of serious injuries. Keep in mind, even when a bicyclist wears a helmet and pads, they are still largely unprotected in the event of a collision with a motor vehicle. Such accidents often throw the bicyclist from their own vehicle and directly onto the pavement. This can cause serious–and in many cases, fatal–injuries to the cyclist.
Even when such accidents do not lead to criminal prosecution under Georgia’s serious injury by vehicle statute, the victim may still seek monetary compensation through a civil personal injury lawsuit. Such lawsuits have a substantially lower burden of proof than a criminal prosecution. In any criminal drunk driving case, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. In a civil suit, the injured victim need only prove the plaintiff’s negligence by a preponderance of the evidence. And while a civil jury must consider the comparative fault of the accident victim, in any collision between a drunk driver and a bicyclist, a jury is far more likely to side with the latter.
Contact The Spizman Firm Trial Lawyers Today
When a drunk driving arrest follows an accident involving one or more victims, you cannot expect law enforcement to simply look the other way. You need to work with a Board Certified Georgia DUI lawyer who can advise you of your rights and assist you in preparing a zealous defense. Contact The Spizman Firm Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.
Source:
axios.com/local/atlanta/2024/08/09/devan-seabaugh-dui-atlanta
