Atlanta Hit & Run Accident Lawyer
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Being involved in a hit-and-run accident can be a traumatic experience. Not only do you have to deal with physical injuries and property damage, but you may also be left wondering how you will pay for medical bills and repairs.
At Cunningham Bounds, we understand the challenges that come with hit-and-run accidents. Our experienced team of attorneys is here to help you navigate the legal process and fight for the compensation you deserve.
To schedule a free consultation with one of our Atlanta hit-and-run lawyers, call (404) 609-1081 or contact us online today.
What is a Hit & Run Accident?
A hit-and-run accident, often referred to simply as a hit-and-run, is a type of motor vehicle collision in which one party involved in the accident leaves the scene without stopping to exchange information or provide assistance to the other party or parties involved. In essence, it's a situation where a driver involved in an accident flees instead of taking responsibility for their actions.
Here are the key elements of a hit-and-run accident:
- Collision: A hit-and-run accident involves a collision between two or more vehicles or between a vehicle and a pedestrian, cyclist, or stationary object, just like any other traffic accident.
- Fleeing the Scene: What distinguishes a hit-and-run is that one of the parties involved, typically the at-fault driver, leaves the scene without stopping. This can involve driving away immediately after the accident or escaping sometime later without providing their contact information.
- Failure to Exchange Information: After a traffic accident in Georgia, drivers are legally required to stop and exchange information with the other parties involved. This information usually includes names, addresses, phone numbers, driver's license numbers, and insurance information. In a hit-and-run, this exchange doesn't happen because the fleeing driver doesn't stick around.
- Illegality: Hit-and-run accidents are illegal in Georgia and all other states. Drivers who flee the scene of an accident may face criminal charges, fines, and potential license suspension or revocation.
- Consequences: Hit-and-run accidents can have serious consequences, not only for the victim but also for the fleeing driver. The victim may be left with medical expenses, property damage, and emotional trauma, while the hit-and-run driver may face legal penalties if caught.
- Investigations: Law enforcement agencies typically investigate hit-and-run accidents to identify the responsible driver. They may rely on witness statements, surveillance footage, and vehicle debris left at the scene to track down the fleeing driver.
Georgia's Hit-and-Run Accident Laws
According to Georgia Code § 40-6-270, all drivers involved in an accident are legally required to stop at the scene. This means:
- Pulling over to a safe location.
- Exchanging information with the other driver(s), including names, addresses, driver's licenses, and insurance details.
- Rendering aid if there are injuries. This may involve calling emergency services or transporting the injured person to a medical facility.
Penalties for Hit-and-Run
The severity of the penalties for a hit-and-run accident depends on the outcome of the accident:
- Serious Injury or Death: If the accident results in a serious injury or death, leaving the scene is a felony. Convicted drivers face prison sentences between 1 and 5 years and a minimum driver's license suspension of 4 months.
- Minor Injury or Property Damage: If the accident results in a minor injury or damage to a vehicle, failing to stop is a misdemeanor. The penalties can include fines between $300 and $1,000, up to 12 months in jail, or both. These penalties can be harsher for repeat offenders.
Different Types of Hit-and-Run Cases
Georgia's hit-and-run laws apply to various scenarios, not just collisions on the open road. Here's a breakdown of different types of hit-and-run cases:
- Hit-and-Run with Injuries: This is the most severe type, where the driver leaves the scene of an accident that caused injuries, regardless of seriousness. Penalties are felonies with potential jail time.
- Hit-and-Run with Property Damage: If the accident only resulted in damage to vehicles or property, it's still considered a hit-and-run if the driver flees. This is a misdemeanor with fines and possible jail time.
- Parked Car Hit-and-Run: Even if a parked car is involved, Georgia law requires drivers to stop and leave a note with their contact information if they damage another vehicle. Leaving the scene is a misdemeanor.
- Hit-and-Run of a Pedestrian or Cyclist: This is taken very seriously, as pedestrians and cyclists are especially vulnerable. Leaving the scene after hitting a pedestrian or cyclist is a felony with potential jail time.
- Commercial Motor Vehicle (CMV) Hit-and-Run: In addition to criminal penalties, a commercial driver's license (CDL) can be suspended immediately for a hit-and-Run accident.
Steps to Take if Involved in a Hit-and-Run Accident
- Stay Calm and Safe: Ensure your safety and that of others.
- Call the Police: Report the accident immediately.
- Document the Scene: Take photos and gather evidence.
- Seek Medical Attention: Address any injuries, no matter how minor they seem.
- Contact an Attorney: Consider consulting with an attorney, especially if you are accused of a hit-and-run.