Reckless Driving Defense (Bodily Injury) — Article 276
Any traffic accident resulting in less grave or grave bodily injury is regulated by Article 276 of the Criminal Code in Georgia. This differs from a simple administrative accident where only vehicles are damaged. The medical report on the severity of the injury is decisive for imposing criminal liability. For example, if a victim suffers a fracture or requires long-term treatment, this constitutes a "less grave" injury, and the driver faces criminal charges. It is important to note that the degree of culpability (speeding, running a red light, inattention) is directly related to the severity of the sentence. The defense''s task is to prove that the injury was not caused by the driver''s gross violation, or to mitigate responsibility through an agreement with the victim.
What Does This Service Cover?
Lawyers listed on Legal.ge offer qualified legal assistance:
- Control of Medical Expertise: Often, a light injury (which is not criminal) is assessed by an expert as less grave. The lawyer checks medical documentation and requests additional studies if necessary.
- Apportionment of Fault: If both parties violated rules (e.g., the driver was speeding, but the pedestrian was jaywalking), the lawyer fights for contributory negligence, which mitigates the sentence.
- Civil Claims: Parallel to the criminal case, victims often demand large compensation. The lawyer protects the client from unreasonable financial claims.
- Diversion and Probation: For first-time offenses, the lawyer negotiates with the prosecutor for diversion (termination of the case under certain conditions) or a suspended sentence.
Common Scenarios and Real-World Situations
Accidents resulting in bodily injury often look like this:
The first scenario is "Rear-End Collision." A driver hits the car in front that braked sharply. The passenger in the front car suffers a neck injury (Whiplash). This can be assessed as a less grave injury.
The second scenario is "Intersection." Two cars collide at a traffic light. One driver claims they had the green light. Analysis of video footage and traffic light cycles is required.
The third case is "Cyclist." A car clips a cyclist, who falls and breaks an arm. This is automatically a criminal case. The defense must determine if the cyclist was following traffic rules.
Georgian Legal Framework
Regulations:
- Criminal Code of Georgia: Article 276, Part 1 (Less grave injury) and Part 3 (Grave injury).
- Order of the Minister of Health: Defines criteria for assessing the severity of bodily injuries.
- Civil Code: Article 413 (Compensation for moral damage).
Service Process Step-by-Step
- Case Files: The lawyer reviews the indictment and evidence.
- Expertise: Analyzing the results of medical and auto-technical expertise.
- Negotiation: Communicating with the prosecutor regarding a plea agreement.
- Court: Final decision on the measure of punishment.
Why Use Legal.ge?
An accident with bodily injury is a stressful experience requiring a cool head and legal knowledge. On Legal.ge, you will find lawyers who will help you correctly manage the relationship with the victim and the state to minimize negative consequences.
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