What Is The Law For Hit and Run Accidents?

Georgia has one of the highest rates of uninsured drivers in the country, number 7 in fact. This may be one of many reasons why a driver may hit your vehicle, only to drive away just as fast to avoid the consequences. Or, maybe they did stop, there was an exchange of information, but no police were called to the scene. Is that a hit and run?

Understanding the law for hit and run accidents can help uncover when and where an accident goes from fender bender to felony. Injured victims wondering, “what happens with a hit and run accident?” should know they still have rights.

Learn your rights and responsibilities when there’s a hit and run accident. If you have been injured in a hit and run accident, My 25% Lawyer can help. We explain the law for hit and run accidents while guiding our clients through the next steps.

When Do You Have to File A Police Report

A hit and run accident is an accident where at least one of the parties to the accident departs the scene of the accident without fulfilling their legal obligations when involved in an accident. So, what are those obligations and when are they triggered?

Typically, whenever there’s an accident, a driver has a duty to provide certain information to others involved or impacted by the accident. This includes the name and address of the driver and owner of the vehicle, and the registration number of the vehicle. Depending on other circumstances, there may be additional information required and a requirement to notify police.

Duties When a Driver Hits A Stationary Vehicle

If a driver hits a parked or otherwise stationary vehicle, GA Code § 40-6-271 requires that the driver locate and notify the owner of that vehicle of the accident. They must provide them with their name and address. This can be placed in a conspicuous location on the struck vehicle, like on the windshield to ensure the other owner sees that information.

Duty When Hitting Property

If a driver collides or crashes with an object on someone else’s property, Georgia law requires that they try to find and notify the owner or person in charge of the property. They must provide them with their name, address, and registration number of the vehicle they were driving at the time of the accident.

Duties In A Car Accident

When a driver is involved in a car accident with another moving vehicle, there are additional duties if there’s injury or apparent damage. Drivers are expected to return or stop at the scene and provide the other driver or conscious passenger with their name, address, and registration number of the vehicle they were driving.

Additionally, the driver must show their license when requested to either the other driver or passengers in the other vehicle. If there are injuries, the driver must provide reasonable assistance to the injured. This can include arranging or providing transportation to the nearest hospital or making every reasonable effort to get emergency medical services and police arrive at the scene.

When A Driver Must Notify Police

Whenever there’s an accident that causes injury or apparent damage of $500, Georgia law requires a driver to notify police of the accident. This would be the local municipal authorities if the accident occurred within city or town limits, the nearest county sheriff, or nearest State Patrol office. Whenever there’s an accident it’s best to file a police report for a hit and run or any accident because it can be difficult to guess the damage costs or know if you or the other driver are injured yet.

What Happens With a Hit and Run Accident

When there’s an injury, death, or damage to a vehicle and a person fails to perform their duties according to GA Code § 40-6-270, various forms of legal ramifications follow.

• If the accident caused someone’s death or serious injury, the driver that knowingly failed to perform their duties can be found guilty for a felony and subject to between one to five years in prison.
• If the accident caused an injury, but not a serious injury, the driver that failed to perform their duties can be found guilty of a misdemeanor and subject to up to 12 months in prison, a fine between $300 and $1,000, or both.
• If a driver receives two hit-and-run convictions within five years from the date of the first arrest, the punishment increases to a minimum fine of $600.
• After three or more convictions within five years, the fine increases to $1,000 and the 12-month prison sentence may also be required.
• These violations can also result in a suspended license.

What Should Victims of Hit and Runs Do?

The victim of a hit and run accident also has responsibilities they must comply with. If a hit and run accident victim has uninsured motorist coverage, the policy may contain provisions that must be adhered to for a successful claim.

These provisions might include a requirement that the hit and run victim immediately notify the police and submit or obtain a police report. Failing to comply with these provisions could result in a claim getting denied, leaving an innocent victim with few options. An experienced car accident attorney can help their clients obtain police reports and other documentation to solidify the claim and get the compensation owed.

Get Justice For Hit and Run Accidents

Were you the victim of a hit and run accident? If so, contact My 25% Lawyer for legal assistance today. We help our clients file insurance claims and fight unfair denials so they can receive the maximum compensation available and keep more of it thanks to our low contingency fees. Call us today for 24/7 help.