What is the test for determining whether a victim suffered a "significant or substantial physical injury" in a motor vehicle accident?

California, United States of America


The following excerpt is from People v. Barnett, F075764 (Cal. App. 2019):

"[A] great bodily injury determination by the jury rests on the facts as presented at trial in the context of the particular crime and the particular injuries suffered by the victim." (People v. Cross, supra, 45 Cal.4th at p. 65.) "This court has long held that determining whether a victim has suffered physical harm amounting to great bodily injury is not a question of law for the court but a factual inquiry to be resolved by the jury. [Citations.] '"A fine line can divide an injury from being significant or substantial from an injury that does not quite meet the description."' [Citations.] Where to draw that line is for the jury to decide." (Id. at p. 64.)

The definition of "'significant or substantial physical injury'" contains "no specific requirement that the victim suffer 'permanent,' 'prolonged' or 'protracted' disfigurement, impairment, or loss of bodily function." (People v. Escobar, supra, 3 Cal.4th at p. 750; accord, People v. Cross, supra, 45 Cal.4th at p. 64.)

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