Hit and Run Accidents

Georgia is a fault-based insurance state where it matters who is responsible for a car accident. After a serious accident with injuries and property damage, you have a right to file for compensation for damages like medical expenses, lost wages, and pain and suffering. But what happens when, during the traumatic aftermath of the accident, the shock escalates as you notice the driver who caused your accident speeds away? How do you recover compensation for your damages after a hit-and-run accident in Georgia?

What Are Georgia’s Laws About Remaining at an Accident Scene?

Anyone involved in a car accident in Georgia must remain at the accident scene unless it’s a very minor fender bender with little more than a scratched paint job—under $500 in damages—and no injuries. Under Georgia Code § 40-6-270, the law states:

“The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall give his or her name and address and the registration number of the vehicle he or she is driving…”

Criminal charges for hit-and-run drivers range from misdemeanor crimes to felonies, depending on the seriousness of the accident and injuries. Despite the law, hit-and-run accidents in Georgia are not uncommon.

Why Do Some Drivers Leave the Scene of a Car Accident In Georgia?

Sometimes the trauma of a car accident triggers the fight or flight response, causing an involved driver to flee the scene. In these cases, an at-fault party may return or report their involvement in the accident once their panic recedes. Unfortunately, more often, hit-and-run drivers have more furtive reasons for leaving an accident scene, including the following:

• They caused the accident and fear legal repercussions
• They lack insurance
• They don’t have a valid driver’s license
• They’ve been drinking and driving 
• There’s an outstanding warrant for their arrest for another crime

When a driver leaves the scene of an accident, they face serious penalties if they are later apprehended.

How Do I Recover Damages In a Georgia Hit and Run Accident?

Under Georgia’s modified comparative negligence insurance laws, the driver who causes an accident is responsible for the injury victim’s damages. The injury victim has the responsibility of proving the at-fault driver’s liability to recover compensation from the auto insurance. But what are the options for recovering damages after a hit-and-run accident with no known identity of the at-fault driver? Fortunately, there may still be avenues for recovering compensation after a hit-and-run accident, including the following:

• Making a claim against the injury victim’s uninsured/underinsured motorist policy if they’ve chosen this additional optional coverage which is offered by all insurance companies though not required under Georgia’s minimum auto insurance requirements
• Making a claim against the injury victim’s collision coverage
• Making a claim for damages against the at-fault party’s insurance if they are identified and apprehended
• Claiming compensation against a third party that might have contributed to the accident or the severity of the injuries, such as a negligent road maintenance agency or the manufacturer of a defective part like a seatbelt that failed to lock properly or defective airbags

In some cases, additional options arise such as a personal injury lawsuit against the at-fault driver if identified or filing a claim against an umbrella policy.

Can a Georgia Car Accident Attorney Help My Hit-and-Run Accident Case?

All accident claims require meticulous documentation and a compelling case proving damages and liability. An accident claim becomes even more complicated when the driver flees the scene. Call the Atlanta car accident attorneys at Piasta Walker Hagenbush, LLC for experienced representation by an attorney who will pursue all available avenues for your compensation.