In the State of Florida, statute 316.1933 (1b) defines serious bodily injury as:
“An injury to any person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
The term “serious bodily injury” is sometimes used interchangeably with serious bodily harm, grievous bodily harm, and great bodily injury.
Florida statute 316.1933 specifically refers to bodily injury in connection with motor-vehicle accidents. The other parts of the statute explain when police may use reasonable force to draw a blood sample to test for the presence of alcohol or other illicit substances. Officers may forcibly obtain a blood sample from a driver involved in an auto accident that results in death or serious bodily injury if they suspect that driver may be under the influence of drugs or alcohol.
Mandatory Court Appearance for Traffic Infractions
Aside from providing a blood sample, Florida state legislation requires a mandatory court appearance for “any infraction which results in a crash that causes serious bodily injury of another.” This requirement also applies in a single vehicle crash in which that driver is the only seriously injured party. On a motor vehicle accident report, the responding officer will make a note if serious bodily injury involved as a result of a traffic infraction or unlawful act.
In addition to a court hearing and any potential personal injury lawsuits, drivers face a potential civil penalty of $500.00, possible court-imposed traffic school and/or community service, repayment of court costs, and a minimum 90 day drivers’ license suspension.
Examples of Serious Bodily Injury
- Severe Traumatic Brain Injury (open injury)
- Facial Lacerations
- Third or Fourth Degree Burns
- Gunshot Wounds
- Compound Fractures
- Spinal Cord Injury
- Anoxic Brain Injury
- Dismemberment
- Trauma Causing Lacerations or Punctures to Internal Organs
With relevance to auto accident injuries, authorities are likely to classify any injuries associated with the categories listed above as serious bodily injury. Almost all serious injuries require emergency medical treatment and hospitalization. Bodily injury can result from auto accidents as well as negligent or unsafe conditions. Premises, defective product, or employer liability may also come into question in cases where environmental conditions result in serious bodily injury.
In relation to criminal charges, the difference between assault and aggravated assault (battery) are often distinguished by the injuries that result or intent. Two individuals who engage in a fist fight are less likely to be charged with battery when compared with a man who uses a knife or gun in an assault. Intent is also a factor in many cases. A gunman may shoot a victim and only cause minor injuries, but the prosecution is likely to claim the assailant had the intent to inflict serious bodily injury or death.
References:
Avvo.com
