Hit-and-run is a crime in Georgia. If nobody is seriously injured, leaving the scene of a car accident is a misdemeanor. However, if someone is seriously hurt or killed in the collision, a hit-and-run becomes a felony. You may pursue compensation from the at-fault driver after a hit-and-run accident.
Even though Georgia hit-and-run laws establish severe penalties for people who leave the scene of an accident, hit-and-run drivers sometimes get away without being identified. If the at-fault driver in your accident has not been identified or caught, you should talk to a Georgia personal injury lawyer about your legal options and options for seeking compensation.
How Does Georgia Law Define a Hit-and-Run Accident?
Georgia law defines a hit-and-run accident as one in which a driver knowingly fails to stop at or return to the scene of an accident in which they were involved and to perform the duties required under state law. In short, Georgia requires drivers involved in an accident to stop and help. If they fail to do so, they will be charged with a hit-and-run offense.
If the hit-and-run accident involves death or severe injury, it will be charged as a felony. If the accident results in an injury other than a severe injury, or if it merely causes damage to the vehicle, then the hit-and-run will be charged as a misdemeanor.
What Are Drivers Required to Do at the Crash Scene?
Under Georgia law, a driver involved in an accident must:
- Stop at the scene of the accident or return immediately.
- Volunteer their name, address, and vehicle registration number.
- Provide all reasonable assistance possible to any injured person, including transportation to the hospital on request.
- Contact law enforcement and emergency medical services on behalf of any unconscious or deceased accident victim.
A person’s failure to carry out these legal obligations can lead to being charged with a hit-and-run offense.
What Is the Penalty for Leaving the Scene of an Accident?
The penalty for a misdemeanor hit-and-run conviction under Georgia law is:
- A fine of between $300 and $1000
- Imprisonment for up to 12 months.
The fine is between $600 and $1,000 for a second offense within five years of the prior one, and $1,000 for a third offense within five years. An individual convicted of a felony hit-and-run in Georgia also faces imprisonment for between one and five years.
What Happens If the Driver Who Hit Me Flees the Scene?
If a driver flees after an accident in Georgia, they can be charged with a felony or a misdemeanor. You could have the right to pursue legal action against them. You can pursue compensation against a hit-and-run driver for damages that may include:
- Past and future medical expenses
- Lost wages and future lost income
- Pain and suffering
- Damage to property.
If the at-fault driver gets away and is not caught, you may still file a claim with your insurance provider under the terms of your uninsured motorist (UM) coverage.
What Are My Options for Pursuing Compensation Following a Georgia Hit-and-Run Accident?
If the at-fault driver carries insurance, you will file a claim with their insurance company. Your Georgia personal injury attorney will handle negotiations with the insurance company to seek a full and fair settlement for your losses. If the insurance company doesn’t want to offer a fair settlement, your lawyer can take the case to court to seek a judgment.
Georgia requires all drivers to carry liability insurance. Still, not all drivers follow the law. If the at-fault driver doesn’t have any insurance, or if they have not been identified, you can file a claim under your uninsured motorist (UM) policy. Even though Georgia law requires insurance carriers to offer UM coverage, it does not require drivers to purchase it.
Uninsured motorist coverage protects you if you are hit by a driver with no insurance or by a driver who leaves the scene and can’t be identified. This coverage offers compensation for:
- Medical expenses
- Lost wages
- Property damage.
You may also be eligible to apply for compensation through the Georgia Crime Victims Compensation Program, which offers compensation for:
- Medical bills
- Funeral expenses
- Psychological counseling
- Loss of income or support.
What Is the Deadline for Filing a Car Accident Lawsuit?
Georgia law provides a two-year deadline for filing a personal injury lawsuit. Because of this deadline, you should contact a personal injury lawyer immediately after the accident. You will want your lawyer to have sufficient time to hold an investigation and negotiate with the insurance company before determining whether it will be necessary to file a lawsuit.
Some cases fall under certain exceptions to the two-year deadline. Your attorney will let you know whether a different deadline applies in your situation. It is always best to contact an attorney as soon as possible after an accident to protect your right to pursue the compensation you deserve.
Contact a Georgia Car Accident Lawyer
Sherrod & Bernard, P.C., is a personal injury law firm with more than 85 years of combined experience serving accident victims in Douglasville, GA. We have achieved remarkable results for our clients, including numerous judgments which exceeded $1 million.
Of course, we cannot guarantee results. Results will always depend on the details of the accident, the negotiation process, and a variety of other factors. However, we have the experience and the determination to help you pursue maximum compensation, and we will always fight to secure the best possible outcome in your case.
Visit Our Georgia Car Accident Law Offices
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“I am so glad that I came to Ken Bernard when I got in a car accident. Without medical insurance, it would have been impossible for me to get the injury care I needed, without my attorney.”
— Tiffany Bishop, former client
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At Sherrod & Bernard, P.C., our motto is “Reputation. Respect. Results.” We live by that motto every single day. When you need a Douglasville personal injury lawyer who will genuinely treat you like family after a devastating hit-and-run accident, contact our office. You can get started with a free initial consultation.
