Yes, you can sue someone for a hit-and-run in Georgia. When a driver flees the scene after causing an accident, it can leave victims facing medical bills, vehicle repairs, and other expenses without recourse.
Georgia law allows victims of hit-and-run accidents to pursue compensation through various avenues, including legal action against the responsible party. This ensures that victims have a pathway to seek justice and recover damages despite the challenges the fleeing driver poses.
What is classed as a “hit-and-run” accident in Georgia?
In Georgia, a hit-and-run accident occurs when a driver involved in a collision fails to stop at the scene, fulfill legal duties, and provide necessary information to the other parties involved. Specifically, Georgia law mandates that drivers must stop immediately at the scene of an accident involving injury, death, or property damage.
They are required to exchange contact and insurance information with the other parties and, if necessary, render aid to injured individuals. Failure to comply with these obligations constitutes a hit-and-run, which is a serious offense under Georgia law, and can lead to criminal charges and civil liabilities for the driver responsible.
Read also: Average settlement if hit by a drunk driver in Georgia
If you were involved in a hit-and-run accident in Georgia, come and find out how a Savannah car accident lawyer from our firm can help you
How to sue for a hit-and-run in Georgia
To sue for a hit-and-run in Georgia, several critical steps must be taken to pursue legal recourse effectively.
- Identifying the At-Fault Driver: One of the primary challenges in hit-and-run cases is identifying the driver who fled the scene. This often involves gathering evidence from witnesses, surveillance cameras, or physical evidence left at the scene to determine the identity of the responsible party. Obtaining the license plate number is key in this.
- Role of Police and Private Investigators: Law enforcement plays a vital role in hit-and-run cases by conducting investigations and attempting to locate the driver. Private investigators may also be hired to gather additional evidence and locate witnesses to strengthen the case.
- Filing a Civil Lawsuit: If the at-fault driver is identified, a civil lawsuit can be filed against them to seek compensation for damages. This involves filing a complaint in court, outlining the details of the accident, the damages incurred, and the legal basis for holding the driver liable. The lawsuit aims to recover compensation for medical expenses, property damage, lost wages, and other losses resulting from the hit-and-run incident.
Steps to take after a hit-and-run
After experiencing a hit-and-run accident, taking immediate and methodical steps will protect yourself legally and ensure the best chance of receiving compensation for damages.
- Ensure Safety: Immediately check yourself and your passengers for injuries. If safe to do so, move your vehicle to a secure location to prevent further accidents or blockages.
- Call Law Enforcement: Contact the police immediately and report the hit and run. Provide them with precise details, including the location, time of the incident, and description of the other vehicle involved. Obtain a copy of the police report or incident number.
- Document the Scene: Take comprehensive photographs of your vehicle’s damage, the accident scene, and any visible evidence such as skid marks or debris. Make detailed notes about the incident and the description of the fleeing vehicle.
- Gather Witness Information: Obtain names and contact details of any witnesses who saw the accident. Their statements may prove valuable in supporting your claim.
- Notify Your Insurance Company: Promptly report the hit and run to your insurance provider. Provide them with the police report number and all documentation you have gathered.
- Seek Legal Advice:
- Consult with a specialized Augusta car accident lawyer who is experienced in hit-and-run accidents. They can provide legal guidance, negotiate with insurance companies on your behalf, and help navigate the process of seeking compensation.
- Stay Informed: Keep track of the progress of your claim with your insurance company. Maintain records of all communications related to your claim, including emails, letters, and phone calls.
- Review Your Coverage: Understand your insurance policy thoroughly to know your coverage limits, deductibles, and options for uninsured motorist coverage. This knowledge will help you understand what compensation you may be entitled to receive.
- Monitor Your Health: Keep track of your physical and emotional well-being after the accident. Seek medical attention for any injuries, regardless of their severity. Document all medical treatments and related expenses.
- Cooperate with Authorities: Fully cooperate with law enforcement and your insurance company throughout the investigation and claims process. Provide accurate and honest information to facilitate a fair assessment of your claim and resolution of the hit-and-run incident.
What if you can't identify the driver immediately?
In cases of hit-and-run accidents where the driver flees the scene, identifying the responsible party can be challenging but necessary for legal and insurance purposes. Here’s what you need to know about the steps to take and your options if you can’t identify the driver right away…
Identifying a hit-and-run driver
When the driver responsible for a hit-and-run isn’t immediately identifiable, several methods can help in tracking them down:
- Witness Testimonies: Gather statements from people who saw the incident.
- Surveillance Footage: Check for cameras nearby that might have recorded the event.
- Dash Cam Footage: Review any dash cam recordings from your vehicle or others nearby.
- Physical Evidence: Look for broken car parts or paint chips at the scene.
- Witness Incentives: Offer a reward for information leading to the driver’s identification.
- Forensic Analysis: Conduct forensic analysis of the accident scene for trace evidence.
Getting compensation if you can't identify the driver
If efforts to identify the hit-and-run driver are unsuccessful, there are still avenues to pursue compensation, such as:
- Uninsured Motorist Coverage: File a claim with your own insurance company under your uninsured motorist policy.
- Personal Injury Protection (PIP) or MedPay: Utilize no-fault coverage that pays for medical expenses regardless of who caused the accident.
- Collision Coverage: Use your collision coverage to repair your vehicle.
- State Victim Compensation Programs: Apply for assistance from state-run programs that support victims of crimes, including hit-and-run accidents.
- Legal Advice: Consult with car accident attorneys to explore any additional legal options or claims against other potentially liable parties.
Additional reading: how much can someone sue for a car accident
Your rights as a victim
Dealing with the aftermath of a hit-and-run incident in Georgia requires grasping your entitlements as an affected party and the legal paths accessible for pursuing restitution. Between uninsured or underinsured drivers or drivers with full coverage, it is good to know your rights if your accident involves injuries or damage to your vehicle.
Right to sue
Victims of a hit-and-run accident have the right to pursue legal action against the at-fault driver in civil court. This process allows them to seek compensation for various damages incurred, including medical expenses, lost wages due to inability to work, and compensation for pain and suffering from the accident.
Additional reading: should I get a lawyer for a car accident that wasn’t my fault
Uninsured motorist coverage
In Georgia, uninsured motorist coverage is essential for hit-and-run situations where the at-fault driver is uninsured or cannot be identified. This coverage typically helps cover medical bills and other losses when the at-fault driver lacks adequate insurance.
Victims need to review their insurance policies to understand the extent of their coverage and ensure they are prepared for such unforeseen events before filing an insurance claim.
To understand your rights further, our contact us today so we can help protect your rights and walk you through the legal process.
Criminal and civil ramifications for the at-fault party
When a hit-and-run occurs in Georgia, the at-fault driver may face significant legal consequences, both criminally and civilly.
Criminal charges
Hit-and-run drivers can be charged with serious criminal offenses under Georgia law, especially if the accident involves injury or death. These are imposed by the state and can include fines, probation, community service, and incarceration, depending on the severity of the offense:
- Hit-and-Run: Leaving the scene of an accident without stopping to provide information or assistance is a criminal offense.
- Aggravated Hit-and-Run: This charge applies when the hit-and-run involves serious injury or death, leading to more severe penalties.
- Reckless Driving or DUI: Additional criminal charges may apply if the hit-and-run occurred due to reckless driving or driving under the influence.
Civil compensation
In addition to criminal charges, hit-and-run victims can pursue civil compensation through a lawsuit against the at-fault driver. It aims to provide monetary restitution for the damages suffered due to the accident, regardless of whether criminal charges are filed or convictions secured.
Civil claims seek financial damages for:
- Medical Expenses: Costs incurred for treatment of injuries sustained in the accident.
- Lost Wages: Compensation for income lost due to inability to work during recovery.
- Pain and Suffering: Non-economic damages for physical pain, emotional distress, and reduced quality of life.
Statistics on hit-and-run accident in GA
Georgia ranks fourth in the United States for fatal hit-and-run crashes. In 2016, these tragic incidents resulted in the loss of 72 lives. Nationally, over 60% of those killed in hit-and-run accidents are pedestrians and cyclists.
This underscores the severe consequences of such incidents, where drivers flee the scene, leaving victims vulnerable and often without immediate assistance.
Additionally, one out of every five pedestrian deaths is attributed to accidents where the driver fails to stop, highlighting the alarming impact on pedestrian safety across the country.
How we can help
Having to work through the legal system after a car accident can be overwhelming. Our team is here to guide you through every step, ensuring you understand your rights and options.
We specialize in negotiating with insurance companies to secure the maximum compensation you deserve for medical bills, lost wages, and pain and suffering. Let a car accident lawyer in North Augusta, SC, from our law firm handle the legal complexities while you focus on recovery.
Contact our personal injury attorneys today to schedule a free consultation to discuss your case.
FAQs
Does insurance cover hit-and-run in Georgia?
Yes, in Georgia, uninsured motorist coverage typically applies to hit-and-run accidents. This coverage helps compensate for damages when the at-fault driver cannot be identified or does not have insurance. It ensures that you’re not left bearing the financial burden of repairs or medical bills caused by someone who fled the scene.
What if the negligent party doesn’t have insurance?
If the negligent party doesn’t have insurance, uninsured motorist coverage under your own policy can provide compensation for your injuries and damages. UM coverage is designed to protect you in situations where the other driver lacks insurance or is unidentified, such as in hit-and-run accidents.
What happens if you can’t reach a settlement?
If you can’t reach a settlement through negotiations with the insurance company or the at-fault party, you may need to pursue a lawsuit. This involves presenting your case in court where a judge or jury will decide the outcome based on the evidence presented. A lawsuit is often necessary to ensure you receive fair compensation for your losses.
Are there any specific laws if the vehicle struck was a parked car?
If your parked car was struck in a hit-and-run, Georgia law requires drivers to leave contact information if they damage a parked vehicle. Failing to do so can result in penalties. It’s important to report the incident to the police and your insurance company promptly to document the damage and initiate the claims process.
What is the statute of limitations on a hit-and-run in Georgia?
In Georgia, the statute of limitations for a hit-and-run depends on the charges. Felony hit-and-run charges have a 4-year limit, while misdemeanor charges have a 2-year limit. For civil lawsuits related to personal injuries from a hit-and-run, the statute of limitations is generally 2 years.