In short, yes, you can sue someone for a hit-and-run in Georgia. If you’re the victim of a hit-and-run accident, you have the right to pursue compensation for damages, medical bills, and other losses through a civil lawsuit.
Working with one of our experienced car accident lawyers can help ensure a successful outcome.
What is classed as a “hit-and-run” accident in Georgia?
Under Georgia law, a hit-and-run accident occurs when a driver involved in an accident leaves the scene without providing information or offering aid to injured individuals.
This definition applies to accidents involving both property damage and personal injuries. Failing to stop after an accident, even if there is only minor damage, is considered a hit-and-run.
In Georgia, drivers involved in an accident have several legal obligations:
- Stop at the Scene: Drivers must immediately stop at or near the scene of the accident. Failure to stop can result in hit-and-run charges.
- Provide Information: Drivers must exchange information with the other party, including their name, address, vehicle registration number, and driver’s license. If the accident involves an unoccupied vehicle or property, the driver must make an effort to locate the owner or leave a note with their information.
- Render Aid: If anyone is injured, drivers are legally required to render reasonable assistance, which may include calling emergency services or taking the injured person to the hospital if necessary.
- Notify Law Enforcement: If the accident involves injury, death, or significant property damage, drivers are required to report the accident to local law enforcement immediately.
Failing to meet any of these obligations can result in criminal charges for a hit-and-run, with penalties ranging from fines to imprisonment, depending on the severity of the accident.
For expert guidance on your personal injury lawsuit, speak to a Duluth car accident lawyer from our firm today
How to sue for a hit-and-run in Georgia
Identifying the at-fault driver can be challenging, but with the right approach and legal support, victims can seek compensation through a civil lawsuit. Here’s an overview of the process:
- File a Police Report: File a police report immediately following the accident. The police will collect witness statements, review any available surveillance footage, and search for the at-fault driver.
- Work with Private InvestigatorsIf the police investigation doesn’t yield results, hiring a private investigator can help gather evidence from the scene of an accident. Investigators can conduct a detailed search, reviewing traffic camera footage, interviewing witnesses, and tracing vehicle damage that could lead to identifying the responsible party.
- Identify the Driver: One of the main challenges in a hit-and-run case is locating the at-fault driver, sometimes with the help of witnesses or surveillance footage. If you are successful, you can proceed with a civil lawsuit against the driver for damages.
- File a Civil Lawsuit: Once the driver is identified, you can file a civil lawsuit to seek compensation for medical bills, property damage, lost wages, and pain and suffering. The lawsuit can be filed even if the driver also faces criminal charges, as the civil case focuses on recovering damages for your losses.
- Use Uninsured Motorist Coverage: If the driver cannot be found, your uninsured motorist (UM) coverage can help cover medical expenses and vehicle repairs. This option does not require locating the hit-and-run driver and may provide quicker financial relief through insurance to cover your damages.
- Gather Evidence: To build a strong case, gather as much evidence as possible, including photographs, medical records, and witness statements. Your attorney will use this evidence to demonstrate the extent of your damages and ensure fair compensation.
Each hit-and-run case is unique, so it’s critical to work with one of our experienced personal injury attorneys in Georgia who can help you move forward and pursue the compensation you deserve.
Steps to take after a hit-and-run
If you’re involved in a hit-and-run accident, it’s important to take quick and precise steps to protect yourself legally and financially. Staying calm and gathering as much information as possible will increase your chances of resolving the case successfully.
- Ensure Safety First: Move your vehicle away from traffic to a safe location to prevent further incidents. Check yourself and any passengers for injuries, and if someone is seriously injured, call for medical assistance immediately.
- Call the Police: Report the hit-and-run to the police, including the vehicle’s make, model, color, and any part of the license plate number you can recall. The police will file a report, which will help for any legal or insurance claims.
- Gather Evidence: Take pictures of your vehicle, the surroundings, skid marks on the road, debris, and any visible damage. Look for nearby surveillance cameras or traffic cameras that may have captured the incident, and note their location.
- Speak to Witnesses: If there are any witnesses, ask for their contact details and statements. Witness testimony can be critical in identifying the at-fault driver and supporting your claim with both law enforcement and insurance.
- Write Down Details Immediately: Note the time of the accident, the location, weather conditions, and any information about the other vehicle, such as its direction of travel and any damage. Even seemingly small details could be important later.
- Check for Injuries Later: Sometimes, injuries like whiplash or soft tissue damage aren’t immediately apparent. Monitor yourself and passengers for signs of delayed injuries and seek medical attention if necessary, and keep any relevant medical records.
- Report to Insurance: Promptly notify your insurance provider about the accident and provide them with the police report, photos, and other collected evidence. Uninsured motorist (UM) coverage can help with repairs and medical costs if the other driver isn’t found.
- Check for Uninsured Motorist Coverage: Review your insurance policy to see if you have uninsured motorist (UM) coverage, which can cover damages and medical expenses from a hit-and-run. This type of coverage is especially helpful if the driver who hit you is never identified.
- Follow Up with the Police: Stay in contact with the police department handling your case. They may request additional information or updates, and maintaining communication shows that you’re serious about tracking down the responsible party.
- Track Your Expenses: Keep detailed records of all expenses related to the accident, including vehicle repairs, medical bills, lost wages, and any other costs. This documentation will be required if you file a lawsuit or an insurance claim.
- Cooperate with Investigators: If the police or your insurance company investigates further, provide any requested information or evidence. If a private investigator is involved, cooperate with them to ensure all details are covered.
- Consider Hiring Our Lawyer team: If the driver is found, or if you’re having trouble with insurance claims, consulting our personal injury attorneys can help protect your rights. We can assist with gathering evidence, dealing with insurance, and filing a lawsuit.
Find out how we can help you seek compensation for damages today at a free consultation.
What if you can’t identify the driver immediately?
In hit-and-run vehicle accidents, the driver responsible typically flees the scene, leaving victims without immediate answers. If you can’t identify the driver right away, there are still steps you can take to pursue justice and compensation.
Below are important considerations and actions you should take if you want to recover compensation after a Georgia hit-and-run accident.
Identifying a Hit-and-Run Driver
Even if the driver fled the scene after a hit-and-run accident, there are several methods you can use to try and identify them:
- Witness Statements: Speak with anyone who may have seen the accident. Witnesses may be able to provide descriptions of the car, driver, or license plate numbers.
- Surveillance Footage: Check for any nearby security cameras or traffic cameras that might have captured the incident.
- Police Investigation: File a report with law enforcement immediately. The police may be able to track down the driver based on witness reports or evidence at the scene.
- Private Investigator: In some cases, hiring a private investigator can help uncover additional information that law enforcement may not have the resources to pursue.
Getting Compensation If You Can’t Identify the Driver
If you’re unable to identify the hit-and-run driver, you still have options for getting compensation:
- Uninsured Motorist Coverage (UM): If you have UM coverage, it can help pay for medical expenses and damages when the at-fault driver is unknown or uninsured.
- Collision Coverage: This insurance will cover the costs of repairing your vehicle regardless of who was at fault, but you will need to pay the deductible.
- Crime Victim Compensation Program: If the driver cannot be found, you may be eligible for Georgia’s program that provides financial compensation for medical expenses and other damages through the Crime Victim Compensation Program.
Your Rights as a Victim
As a victim of a hit-and-run, you have the right to pursue compensation for your injuries and losses, even if the driver isn’t immediately identified. If you are a victim of a hit-and-run Georgia car accident, you can explore the following:
- Right to Sue: Accident victims can file a lawsuit in civil court to seek damages for medical bills, lost wages, property damage, and pain and suffering. If the driver is later found, they can then be held accountable through both criminal and civil proceedings.
- Uninsured Motorist Coverage: In Georgia, uninsured motorist coverage can step in to help cover medical expenses, vehicle repairs, and other damages caused by the accident if the other driver is not located. Be sure to review your insurance policy to understand your coverage, and consider contacting your insurer to clarify any details.
Criminal and civil ramifications for the at-fault party
A hit-and-run driver in Georgia faces serious legal consequences in both the criminal and civil courts. Depending on the circumstances of the accident, the consequences can vary widely, but they aim to both punish the driver and compensate the victim.
A hit-and-run involving only property damage is usually classified as a misdemeanor. In these cases, the driver can face up to 12 months in jail, fines of up to $1,000, and license suspension.
However, if the hit-and-run results in injury or death, the driver can be charged with a felony, carrying prison sentences of 1 to 5 years, significant fines, and the permanent revocation of their license.
Aggravating factors, such as driving under the influence, can increase the severity of the penalties. On the civil side, victims have the right to pursue compensation from the at-fault driver.
Civil compensation differs from criminal penalties in that it focuses on reimbursing the victim for damages. The at-fault driver may be held liable for the victim’s medical expenses, lost wages, pain and suffering, and property damage.
Civil lawsuits can proceed independently of any criminal charges, meaning a driver may be convicted in criminal court while also owing the victim financial compensation. Criminal penalties aim to punish and deter illegal behavior, while civil compensation focuses on making the victim whole by addressing their financial losses.
In cases where the hit-and-run driver is identified, they can face both types of legal consequences, ensuring that justice is served and victims are compensated for their injuries and damages.
Statistics on hit-and-run accident in GA
In 2022, there were 2,932 fatalities reported resulting from traffic crashes involving hit-and-run drivers, a slight increase of 0.5% from the 2,917 fatalities recorded in 2021. Among these, pedestrian fatalities in hit-and-run crashes were significant, with 1,910 out of 7,522 total pedestrian deaths (25%) caused by hit-and-run drivers.
Additionally, pedal cyclist fatalities linked to hit-and-run incidents in 2022 accounted for 265 out of 1,105 total pedal cyclist deaths (24%), marking a notable 18% increase from the previous year. These numbers reflect a serious rise in Georgia hit-and-run fatalities involving vulnerable road users, including pedestrians and cyclists.
How Brauns Law Firm can help
At Brauns Law Firm, our accident lawyer firm understands the challenges that victims of a hit-and-run accident face, especially when dealing with injuries, damages, and the frustration of locating the at-fault driver. Our experienced accident attorneys are here to assist you every step of the way.
We specialize in negotiating with insurance companies to ensure you receive the maximum compensation for your medical expenses, lost wages, and damages to your vehicle. If the driver responsible for the hit-and-run in Georgia cannot be found or is uninsured, we will guide you through the legal process, helping you correctly file an insurance claim and pursue the compensation you deserve.
Our goal is to make the legal process as stress-free as possible, so you can focus on recovery while we handle the complexities of your case. Contact us today for a free consultation at (404) 574-667 to discuss your options and begin seeking the compensation you’re entitled to as a victim of a hit-and-run accident.
When you are ready to take legal action against a driver who fled after a car accident, we are the team to call.
FAQs
What is the punishment for a hit-and-run in Georgia?
The punishment for a hit-and-run in Georgia depends on the damage caused. If there is only property damage, it’s a misdemeanor, carrying up to 12 months in jail and fines up to $1,000.
If there are injuries or fatalities, fleeing the scene becomes a felony, with prison sentences from 1 to 5 years. Felony convictions can lead to license suspension, hefty fines, and long-lasting effects on employment and housing.
Does insurance cover hit-and-run in Georgia?
Yes, hit-and-run accidents can be covered by insurance in Georgia if you have uninsured motorist (UM) coverage, which helps cover costs when the at-fault driver cannot be found. Without UM coverage, your collision insurance may help with car repairs, but you’ll need to cover the deductible.
Uninsured motorist coverage is highly recommended because it provides protection in hit-and-run accidents and in cases when the driver is uninsured. While collision coverage can help repair your vehicle, it won’t cover medical bills or other expenses.
What is the statute of limitations on a hit-and-run in Georgia?
In Georgia, the statute of limitations for a hit-and-run accident involving personal injury is two years from the date of the accident, and for felony cases, the statute is four years. Failing to file a claim within these time limits can prevent you from seeking compensation.
Time is of the essence in hit-and-run cases, especially since identifying the other driver can take time. It’s essential to act promptly by filing claims and lawsuits within the specified timeframes to ensure your rights to compensation are preserved.
Consulting with one of our car accident attorneys early can help you file your claim quickly and accurately.
How do I report a hit-and-run in Georgia?
To report a hit-and-run in Georgia, immediately call 911 or the local police and provide details about the accident scene, including descriptions of the other vehicle and any witnesses. Then, file a police report and notify your insurance company to begin the claims process.
Along with filing a police report, gather as much evidence as possible by taking pictures of the accident scene, collecting witness information, and obtaining any video footage if available, such as from nearby surveillance cameras or dashcams. This information will assist law enforcement in their investigation and your insurance in processing claims.
