Imagine being out one night and getting involved in a rear-end accident on the
Downtown Connector (I-75/I-85) in Fulton County or a T-bone accident at the intersection of Memorial Drive and Glenwood Road in DeKalb County. In a split second, you make the poor decision to leave the scene of the accident, and could now face a hit-and-run charge.
In Georgia, you can face significant criminal penalties and fines if you are convicted of a hit and run, especially if the accident resulted in an injury or death. Regardless of the circumstances of the accident, understanding state law and the penalties for leaving the accident scene are key to evaluating your legal options moving forward.
Georgia’s Hit and Run Laws: What Drivers Are Required to Do
Georgia law (O.C.G.A. § 40-6-270) requires all drivers involved in an accident to stop and remain at the scene. Even though you have stopped, there are other mandatory duties that you must carry out to comply with the law, including:
- Call 911 and, if you are able, render aid to anyone who is injured.
- Exchange driver’s license and insurance information with the other driver(s).
- Obtain the names and contact information of anyone who witnessed the accident.
- Report the accident to law enforcement immediately if it involves injury, death, or apparent significant property damage.
State law requires you to carry out these steps regardless of whether you caused the accident or not. These duties, which include stopping and exchanging information, apply even in cases of minor fender-benders. Under O.C.G.A. § 40-6-271, you are required to leave a note with your identifying information if you hit an unattended vehicle or property. You must also report the incident to the police.
Criminal Penalties for Leaving the Scene in Georgia
State law imposes strict criminal penalties for leaving the scene of an accident. For example, for a misdemeanor hit-and-run that only resulted in property damage, you could face up to 12 months in jail, a license suspension, and fines totaling $1,000.
If the accident involves a serious injury, you could be charged with a felony hit and run under O.C.G.A. § 40-6-270(b) and if convicted, could be sentenced to one to five years in prison along with at least a $1,000 fine. A hit and run that involves death is punishable by two to five years in prison and a fine of a $1,000 or more.
In addition to a license suspension, you will receive 6 points on your license, and repeat offenders may face enhanced penalties. If you flee a DUI-related accident scene, you could face severe consequences, including being ordered to serve up to five years in prison.
How Leaving the Scene Affects Your Civil Liability
Although it may seem tempting to leave an accident scene to try to avoid responsibility for the crash, fleeing the scene will not protect you from civil liability. Instead, leaving the scene often makes the situation worse and can be used as evidence against you in a civil lawsuit as evidence of consciousness of guilt.
While your insurance company may still pay a claim to the injured party, committing a hit and run can jeopardize your own coverage. Conversely, if you have been the victim of a hit and run, you can still seek compensation through your uninsured motorist coverage even if the driver is never located.
What If Someone Left the Scene and Hit You?
If you have been the victim of a hit and run, there are also several steps you must take immediately:
- Call 911 to report the hit and run.
- As quickly as possible, document everything you can remember, including a description of the vehicle, namely the color, make, model, and partial plate number if possible.
- Try to locate any bystanders who may have witnessed the accident or surveillance cameras that can provide video evidence.
- Promptly file a police report, as it is required to make a claim against your uninsured motorist (UM) coverage.
- Contact your insurance provider to file a UM/UIM claim.
State law (O.C.G.A. § 33-7-11) stipulates that uninsured motorist coverage be offered to Georgia residents with every insurance policy. Under Georgia’s statute of limitations (O.C.G.A. § 9-3-33), you have up to two years to file a lawsuit if the hit-and-run driver is later identified.
Common Reasons People Leave the Scene and Why None Justify It
People leave the accident scene for various reasons, such as panic or fear of what might happen, which is understandable but cannot serve as a legal defense against hit-and-run charges.
One of the most common reasons why people flee from an accident scene includes driving on a suspended license or DUI. Both of these scenarios can lead to additional criminal charges, especially if the person was trying to avoid a breathalyzer test. It is determined that a person fled with the intention of avoiding DUI testing; it could result in separate felony charges.
Other, less severe, yet still illegal, reasons drivers leave the scene include:
- They did not realize they had hit another vehicle, but this defense must be supported by evidence.
- They thought the damage was minor. Even so, Georgia law requires drivers to stop, regardless of the extent of the damage.
If you have already left the accident scene, it is in your best interests to return to the scene as soon as possible or contact the police. Although returning to the scene or contacting law enforcement may calm the situation, it will not necessarily reduce or eliminate applicable criminal penalties.
If you are the victim of an Atlanta hit-and-run accident, contact Durham Law Group today at 404-845-3434 or 813-333-6250 for a free case evaluation.
