HIT AND RUN IN GEORGIA

If you experience a hit and run Georgia, it is even more important to contact the police. One of the really scary things about a hit and run accident is that if someone is seriously injured and the other driver runs away, there may not be anyone to call an ambulance. Hit and run accidents can also make it more difficult with insurance; you may have to use your own insurance if the at-fault driver leaves and cannot be found. If you are using your vehicle in a commercial capacity, such as for Uber or Lyft, there may be additional considerations as well.

If you are the victim of a hit and run in Georgia, contact law enforcement and provide them with all available information about the accident. This could help them later when searching for the at-fault driver. Also, you should document any information about the driver (i.e. physical appearance), the vehicle’s make, model, and license plate number, and the accident, including traffic and weather conditions. If there were witnesses, write down their contact information for the police and then take photos of damage using your cell phone.

Though it is not required by Georgia law, residents have the option to purchase Uninsured Motorist Insurance as part of their insurance policy. This will allow them to receive compensation in the event of a hit and run or if they are hit by a driver without car insurance. Once the offending driver is caught, a claim can be filed with their insurance company for further compensation.

If you have been involved in a hit and run in Georgia, it may be useful to contact an attorney to get professional, personalized advice on how to handle the situation.

Legal Consequences of Hit & Run in Georgia

In Georgia, leaving the accident scene involving motor vehicles, especially when another vehicle is struck, can lead to severe legal consequences. If the hit and run involves an unattended vehicle or property damage, it’s typically a misdemeanor, punishable by fines and potentially up to one year in jail. However, if the incident results in significant injuries or fatalities, felony charges may apply.

The perpetrator must report the accident to the local police department immediately. Failure to do so can complicate insurance claims, especially for covering medical bills of the injured party.

If you are a victims, you should consider a free case evaluation with a legal professional to understand your rights. A police officer will investigate the incident to determine liability and support the insurance claim process.

If you fail to comply with the above and leave the scene of the accident, you may be subject to penalties under Georgia’s hit and run statute OCGA 40-6-270, which offers a complete guide to the duties of a driver in the event of an accident as well as explaining hit and run definition and penalties.

The penalties of violating Georgia hit and run laws can include fines, jail time, revoked license, probation, and more. The offending driver may be charged with a misdemeanor or felony, depending upon the severity of the other driver and passengers’ injuries. Also, the penalties are more serious if it is your second offense or more.

Under OCGA 40-6-270, being convicted of a first time (or subsequent) hit and run misdemeanor means you could be fined between $300 and $1,000 and subject to license suspension, probation, or imprisonment of up to twelve months. If the accident is the cause of the other driver’s death or serious injury, knowingly failing to stop and comply with the above-mentioned responsibilities may cause the conviction of a felony and could be punished by imprisonment of one to five years. What the driver is charged with – a felony or misdemeanor – depends on how serious the injuries and damage are.

Sometimes, drivers are accused of committing hit and runs, though they did not actually commit the offense according to Georgia law. It’s important to know your rights. You may be improperly charged with a hit and run if the following occurs:

• If a driver hits an empty car, telephone pole, tree, etc., and leaves the scene, they should be charged with “Failure to Report an Accident,” not a hit and run. (To be charged with a hit and run, a driver must strike an occupied or attended vehicle.)
• While this does not entitle you to leave the scene, the behavior of the other driver may be a defense to a hit and run charge. If they are acting hostile, violent, or aggressive, you are not required to stay at the scene and may drive to a safe location, within a reasonable distance, and call the police.
• If the other driver does not appear in court to testify against you, the charge may be dismissed.

If you have been in a hit and run in Georgia or have been improperly accused of one, retain the services of an experienced attorney.

In cases such as the above, the court may see reason and you may not face severe penalties for a hit and run Atlanta, GA. Remember that hit and run is a criminal charge, just like aggravated assault and drug offenses. The courts take all of these charges very seriously, so you should not try to take on your hit and run case without an attorney’s guidance.

On the other hand, if you are the victim of a hit and run, you may take civil action and recover punitive damages. Punitive damages are awarded to the plaintiff to punish the defendant when they intentionally acted recklessly. Often, the plaintiff is entitled to be compensated for medical expenses, pain and suffering, lost wages, and more. A wealthy defendant means they may have to pay more money to “make up” for their conduct. Even if the accident was unintentional, the act of fleeing the scene often justifies punitive damages.

If you are part of a hit and run and you do not have a valid license, you could be charged with “Driving Without a License.” This could have additional implications if you are not a U.S. citizen or are driving a company vehicle: immigration law enforcement or your employer would likely be notified. For a first-time offense of Driving Without a License, you could spend two days in jail and have to pay a $500 fine. Also, you may lose your license for six months and be subject to reinstatement fees and two defensive driving classes before getting it back. If it is your second offense, you’ll spend a minimum of ten days in jail, be required to pay fines up to $2,500, and receive additional suspension time.

If you are facing a hit and run situation with additional complications like these, contact a trusted lawyer to help you fight for the best possible outcome.

The driver shall in every event remain at the scene of the accident until fulfilling the requirements of this subsection. Every such stop shall be made without obstructing traffic more than is necessary.

(b) If such accident is the proximate cause of death or a serious injury, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.

(c)(1) If such accident is the proximate cause of an injury other than a serious injury or if such accident resulted in damage to a vehicle which is driven or attended by any person, any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor and:

(A) Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both;

(B) Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and

(C) Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions.

(2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction.

(3) If the payment of the fine required under this subsection will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section.

(d) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section.