Male pedestrian injured after hit and run accident

Feeling overwhelmed, confused, and angry after a hit-and-run accident is natural. If the other driver fails to stop and exchange information, you might be concerned about how you’ll recover fair compensation if their irresponsible actions harmed you.

Attorney Alan Cleveland has extensive experience helping those injured in hit-and-run crashes in Athens. Our team is ready to discuss your crash and legal options when you call the office of R. Alan Cleveland, LLC today for a free consultation with an experienced hit-and-run accident lawyer in Athens.

How Common are Hit-and-Run Accidents in Georgia?

Despite state laws that criminalize the act of fleeing the scene of an accident, hit-and-run crashes are widespread across Georgia. According to the Georgia Department of Transportation’s crash data portal, police recorded 53,713 hit-and-run crashes statewide in one recent year. Those accidents led to 12,417 injuries and 143 deaths.

Is Fleeing the Scene of an Accident Illegal in Georgia?

Georgia law clearly states that fleeing the scene of an accident is illegal. According to state law, any driver involved in a crash resulting in injury or death must stop as close to the crash scene as possible. After stopping, the drivers must exchange the following information:

  • Names
  • Addresses
  • Vehicle registration numbers
  • Driver’s license numbers, if an accident victim asks

Additionally, drivers should check to see if anyone needs medical assistance. Drivers must call 911 and notify emergency responders if they see any injuries.

Violating Georgia’s hit-and-run law carries serious criminal penalties. If a driver leaves the scene of a crash involving minor injuries, police can charge them with a misdemeanor. Penalties for a misdemeanor hit-and-run in Georgia include a fine of up to $1,000 and up to a year in jail.

If a driver leaves the scene of a crash involving serious injuries or fatalities, police can charge them with a felony. The penalties for a felony hit-and-run in Georgia include up to five years in prison, a minimum term of imprisonment of one year, along with fines and other penalties.

How Does the Law Interact with the Duty to Report an Accident?

Georgia law requires drivers to contact the closest police department or sheriff’s office after any crash involving apparent injuries, deaths, or more than $500 in property damage. Since $500 is a small amount of damage from a car accident, it is usually a good idea to assume that drivers should call the police after any accident. The combination of Georgia’s duty to report and requirement to exchange information establish clear expectations of drivers involved in crashes.

How Can I Recover Compensation if the Hit-and-Run Driver Cannot Be Found?

If the police can locate the driver who hit you, you can file an injury claim against them and seek fair compensation for your injuries. According to the Office of the Commissioner of Insurance and Safety Fire, drivers are only required to maintain $25,000 per person and $50,000 per accident in bodily injury liability coverage, and $25,000 per incident in property damage liability coverage. If you suffered damages that exceed the fleeing driver’s liability coverage, you can make a claim with your own underinsured motorist (UIM) coverage.

But if the police cannot find the driver who hit you, you still have options for recovering compensation. You can file a claim with your insurance company under your uninsured motorist (UI) coverage. In the eyes of your insurance company, getting hit by a hit-and-run driver is essentially the same as an accident with an uninsured driver. Provided you have uninsured motorist coverage, your insurer should cover your medical bills and other losses up to the limits of your policy.

Most UIM policies require that you provide notice within a certain amount of time of the Hit-and-Run accident or coverage may be excluded.  Since you don’t know if the Hit-and-Run driver has coverage, it is wise to immediately notify your UIM insurance company of the incident.  Don’t be concerned about your insurance rate going up by making a claim. Under Georgia Statute 33-9-40, an insurer cannot raise your premium if you weren’t at fault for the accident or for making a claim under your UIM coverage.

What Is the Deadline for Filing a Hit-and-Run Lawsuit in Georgia?

The Georgia statute of limitations on personal injury claims gives you two years from the date of an accident to file a lawsuit. If you miss this deadline, you can lose your right to claim compensation for your injuries. But you should speak to an attorney immediately after an accident to help build your claim.

What Should I Do After a Hit-and-Run Accident in Athens?

Acting quickly after a hit-and-run accident is essential to recover maximum compensation. Here is what you can do to protect your rights:

  • Report the crash to the police – Many insurance companies want a police report with your uninsured motorist claim so you can establish the crash happened. Calling the police immediately also gives you the best shot at finding the hit-and-run driver.
  • Look for evidence at the scene – Any evidence you can find to support your hit-and-run accident claim will be a huge benefit. Look around for potential witnesses or any security cameras that caught the crash.
  • Seek medical attention – Seek medical treatment right away following a hit-and-run accident. You may have injuries that you are not aware of and require treatment. Seeking medical attention can also help ensure your injuries and the accident are linked in your medical records.
  • Save all your medical records and receipts – Save all accident-related medical records and receipts. These documents can help you prove the severity of your injuries and their financial consequences.
  • Talk to a lawyer before you speak to the insurance companies – The insurance company may reach out to get a recorded statement or get you to sign various forms. However, insurance companies want to minimize the value of your claim to keep their costs low. Let a lawyer talk to the insurance companies on your behalf so they can protect your interests.

Contact One of the Best Georgia Hit-and-Run Accident Lawyer Now

If you were injured in a hit-and-run collision in Georgia, contact the office of R. Alan Cleveland, LLC for the qualified legal representation you deserve. Our consultations are always 100% free, so call us now to discuss your situation with a hit-and-run accident lawyer in Athens.