Serious Injury by Vehicle in Atlanta

Former Prosecutors Bring Courtroom Insight to High-Stakes Traffic Felony Defense

Georgia law calls this offense serious injury by vehicle, though people often search for it as vehicular assault. If you’re under investigation or facing charges after an Atlanta-area crash, the immediate questions include what driving offense is alleged, whether the injury meets the statutory definition, and how prosecutors connect the alleged conduct to the collision. Avoid discussing the incident with law enforcement before consulting criminal defense counsel.

Our criminal defense practice is led by three former prosecutors, including one former judge. We use that courtroom perspective to prepare an individualized response based on the evidence, the procedural stage, and your circumstances.

Call (404) 812-4300 to discuss the investigation or charge with our criminal defense attorneys.

What Georgia Code § 40-6-394 Requires

Georgia Code § 40-6-394 defines the offense and the bodily harm required for a charge. Under the statute, bodily harm includes losing a body member, losing the use of a body member, serious disfigurement, or organic brain damage that renders the body or a body member useless. An injury can be significant without meeting this specific definition.

The formal charge isn’t called vehicular assault under Georgia law. Instead, the statute separates the offense according to the conduct allegedly involved in the crash.

The statute establishes two relevant felony provisions:

• Reckless driving or driving under the influence: Subsection (b) applies when a person allegedly causes an accident resulting in bodily harm while violating Georgia’s reckless-driving or driving under the influence laws. A conviction carries one to 15 years of imprisonment.
• Leaving the scene: Subsection (c) applies when a person allegedly causes an accident resulting in bodily harm, knows the injury occurred, and leaves in violation of Georgia’s hit-and-run statute. A conviction carries one to 10 years of imprisonment, subject to the statute’s insurance-information exception.

These allegations may accompany separate charges involving driving under the influence, reckless driving, hit-and-run, license violations, or other traffic offenses. The applicable subsection and potential consequences depend on what prosecutors allege and can prove.

How the Evidence Shapes the Defense

Prosecutors must connect the accused person’s conduct to both the collision and qualifying bodily harm. The defense analysis therefore examines the underlying driving allegation, the nature of the injury, causation, and the reliability of the evidence supporting each element.

We review police reports, videos, witness statements, and other available evidence for conflicts, gaps, and weaknesses. Depending on the case, the record may also include photographs, medical records, vehicle data, chemical testing, crash-scene evidence, or accident-reconstruction materials.

Key issues may include:

• Predicate offense: Whether the evidence supports the alleged reckless-driving or driving under the influence violation.
• Causation: Whether the alleged violation caused the crash and resulting harm.
• Statutory injury: Whether the medical evidence establishes bodily harm as Georgia Code § 40-6-394 defines it.
• Departure from the scene: Whether the accused knew an injury had occurred and whether the facts satisfy the cited hit-and-run provision.
• Testing and statements: Whether chemical tests, interviews, and other evidence were obtained and handled lawfully.

How We Prepare Your Case for Court

We tailor our work to your circumstances rather than applying the same strategy to every traffic-related felony. You’ll meet with the attorney handling your case, receive guidance about upcoming proceedings, and have opportunities to discuss your priorities and concerns.

Our work can include preserving evidence and reviewing discovery. We also assess testing, witness accounts, and potential legal issues while preparing you for each court appearance. Depending on the evidence and your objectives, we may pursue motions, evaluate a negotiated resolution, or prepare for trial.

Procedure varies with the court, jurisdiction, alleged conduct, and stage of the case. For example, a felony allegation arising in Fulton County may proceed in Fulton County Superior Court.

More Than 100 Years of Collective Legal Experience

Our attorneys have handled hundreds of cases in local, state, federal, and appellate courts. That experience informs how we evaluate disputed evidence, identify legal issues, and prepare criminal cases for possible trial.

Clients receive direct attorney involvement backed by meticulous investigation and ethical advocacy. We can’t promise a dismissal, acquittal, reduction, or other specific result. We can explain your options, prepare each stage carefully, and pursue the best available outcome supported by the law and facts.

Get Clear Guidance on Your Next Step

At Ross & Pines, we take the time to understand the circumstances behind the accusation and build a defense around the available evidence. Our approach combines individualized attention, careful preparation, and courtroom readiness.

Before a consultation, gather any available documents, upcoming court dates, and communications from law enforcement or prosecutors. You can Contact us to discuss the investigation or charge and the decisions immediately ahead.

Call (404) 812-4300 to speak with our criminal defense attorneys about your next step.