A silver-grey sedan damaged by a hit-and-run sideswipe.A hit-and-run accident is any collision involving a motor vehicle in which the at-fault party leaves the scene without taking appropriate actions. These ‘appropriate actions’ typically include remaining at the scene, sharing contact information, assisting the injured parties, and reporting the accident to law enforcement.

While an actual “hit and run” can involve situations ranging from minor parking lot scrapes to serious collisions, they’re never something to take lightly. Many take place after a fatal collision, especially one involving cyclists and pedestrians.

Under any circumstance, a hit-and-run accident can lead to serious legal consequences for the fleeing party, as well as major challenges for any victims who find themselves tasked with pursuing compensation for the injuries they have suffered from the hit-and-run driver.

So, if you’ve been involved in a hit-and-run accident, don’t hesitate to contact our team today. At the CEO Lawyer Personal Injury Law Firm, we’ve helped countless clients track down irresponsible drivers and recover from these types of accidents, with or without the perpetrator located.

Call (470) 323-8779 or contact us online to speak with one of our experienced personal injury lawyers in Smyrna about the nature of your accident and schedule your free, no-obligation consultation today.

When to Contact a Smyrna Hit and Run Accident Attorney

A hit-and-run accident can be disorienting and stressful. When any individual involved in a car crash decides to flee the scene without taking responsibility, they leave victims vulnerable.

If you are in such a situation, it’s important to understand your rights, and the legal next steps you need to take immediately.

That said, hit-and-run accidents can occur in different ways, each presenting its own challenges for victims. So, while some may seem more straightforward than others, it may become more and more difficult to decide when (or whether) you need to loop in an attorney.

To make things easier, here are a handful of scenarios where legal counsel will become essential:

Rear-End Collision on the Road

Picture This: Your car is rear-ended at a stoplight, but the at-fault driver speeds off before you can exchange information.

Should I contact a car accident attorney in Smyrna? You’ll want to seek legal counsel if you’ve suffered any injuries (or significant vehicle damage). Remember that even small aches and pains can lead to lasting injuries that may require costly medical care.

Pedestrian or Cyclist Hit and Run

Picture This: You’re walking or cycling and a vehicle strikes you and then flees the scene.

Should I Contact an Attorney? Absolutely. If you were struck by a vehicle as a pedestrian or cyclist, your serious injury risk is going to be much higher, and you’ll need to consult a licensed medical professional immediately to document the incident.

If there were any witnesses at the scene, be sure to take down their contact information and file a police report if possible.

Drunk Driving Hit and Run

Picture This: You’re involved in an accident with another driver, and then they leave the scene before you can get their information, but you suspect that they were under the influence of drugs or alcohol.

Should I Contact an Attorney? Yes. If you suspect the at-fault driver was impaired, an attorney can help you work with law enforcement to build a stronger claim, potentially resulting in punitive damages.

Hit and Run With a Commercial Vehicle

Picture This: A commercial truck or delivery van collides with your car and speeds away.

Should I Contact an Attorney? A hit-and-run accident lawyer will be an invaluable resource here because commercial vehicle accidents often involve their own complicated liability issues. An attorney can help you deal with the company’s insurance and then navigate the legal complexities of determining whether the driver, company or another third party is ultimately to blame.

While this list is not exhaustive, it outlines some of the most common types of hit-and-run accidents. Nevertheless, when most people hear the words ‘hit and run,’ their minds will jump to an extreme.

Remember that if the negligent driver leaves the scene after any accident, you may be stuck paying the bill for any repairs, injuries, or other damages. Contact an attorney to explain your situation and hear how they can help you today.

Who Pays After a Hit and Run Accident?

Ideally, the party that perpetrated the collision and fled would be the one to be held fully accountable for the costs of injuries and any other damages that they cause. If the driver, not just the vehicle, can be identified and located, they can be held accountable under the law.

You may be able to file a claim against their liability insurance (although many hit-and-run drivers don’t have any) or file a lawsuit against them directly. If you cannot locate the driver, or you wish to increase your chances of recovering all damages you have suffered, you can also pursue a claim against other potentially at-fault parties, including:

  • Your vehicle manufacturer, if a defect contributed to the accident or the severity of your injuries
  • Other drivers who contributed fault to the accident
  • Property owners, if a dangerous condition or negligence contributed to your accident

Your own insurance may also cover the damages you have suffered from a hit and run, in part or full. Uninsured/underinsured motorist policies may cover the accident, for example, if the driver cannot be located or if they are discovered to not have liability insurance after locating them.

Collision policies and even your own liability policy may cover your damages, so consult with an attorney who can review your policy and help you determine all options you have for recovering the damages you have suffered.

Hit and Run Laws in Smyrna, Georgia

Regarding Georgia’s hit-and-run laws, your attorney can do the heavy lifting through their own knowledge and understanding. That said, there’s no harm in understanding the basics.

In Smyrna, Georgia, a core legal framework serves to protect victims who are seeking justice. These specific laws were put in place to hold negligent drivers responsible and are primarily detailed under Georgia Code O.C.G.A. § 40-6-270.

The Duty to Stop at the Scene of an Accident

If you are involved in a motor vehicle accident resulting in injury, death, or property damage, you must stop immediately. Specifically, any driver involved in an accident must remain at the scene until they have fulfilled certain duties, which will include:

  • Providing your name, address, and vehicle registration number to other parties involved
  • Offering assistance to any injured parties, including arranging medical help if needed
  • Reporting the accident to law enforcement if they are not already present

Similarly, Georgia Code O.C.G.A. § 40-6-271 also stipulates that any driver involved in an accident that damages another vehicle must either stop at the scene or return to the scene to fulfill the reporting requirements.

The Penalties for Violating Hit and Run Laws

Additionally, violating hit-and-run laws in Smyrna can lead to serious consequences. For example, the penalties for a hit-and-run conviction may include the following:

  • Criminal charges, such as a misdemeanor or felony, depend on the accident’s severity.
  • Fines, which can range from several hundred to thousands of dollars
  • Having your driver’s license suspended or revoked
  • Potential imprisonment, especially in cases that involve any injuries or fatalities

If any drivers involved in the accident are found to be intoxicated, the stakes will also be much higher.

Georgia Code O.C.G.A. § 40-6-391 addresses hit-and-run accidents that involve drivers who are under the influence of alcohol or drugs. It outlines severe penalties for individuals who leave the scene of an accident while impaired, with punishment including potential felony charges.

Finally, remember that Georgia has a statute of limitations that sets a time limit for filing any personal injury or property damage claims after a hit-and-run accident. In Georgia, victims typically have two years to file a claim, but the sooner you file, the better.

Similarly, it’s important to report the accident immediately and seek medical care immediately to ensure you can file the strongest claim possible.

Contact a Smyrna Hit and Run Accident Law Firm Today

Whether you were involved in a small fender bender or were left to pay for costly medical bills on your own, contact our team today.  We can kick things off with a free, no-obligation case review at the CEO Lawyer Personal Injury Law Firm.

There, we can go over your specific situation’s details to establish the most effective path forward.

New clients can call (470) 323-8779 or contact us online to speak with a member of our team today. We’re here to help, and we’ve helped countless clients recover from hit-and-run accidents, so we know how to streamline the claims process and can help you keep everything organized, efficient, and on time throughout the entire timeline of your case.

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Frequently Asked Questions

Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!

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Results depend on the unique facts of each case; past outcomes don’t guarantee similar results. The attorney shown is licensed in Georgia. Visit our legal team page to find an attorney licensed in your state.

What is the statute of limitations for personal injury in Georgia?

Georgia has a two-year statute of limitations for personal injury case, as set by O.C.G.A. § 9-3-33. Claims against government entities, however, have a shorter window of 12 months from the date of the injury, and require victims to file a notice of claim.

If an accident victim is a minor (below 18 years of age) or otherwise legally incapable, the statute of limitations may be tolled until such time that they are.

How long does a personal injury case take to settle in Georgia?

The time it takes to settle a personal injury case in Georgia is determined primarily by liability and severity of injuries. Simple cases tend to settle in under a year, sometimes taking as few as 3 months, while on the opposite end of the spectrum, cases that head to trial can take several years.

Length of medical treatment, disputes over fault, and other factors affect how long a case takes.

How much is a personal injury case worth in Georgia?

The value of a personal injury case in Georgia is not determined by a fixed average, but rather by the specific facts of the incident and the unique impact on the victim’s life. Key factors include the severity of injuries, the cost of medical treatment, lost wages, and the extent of pain and suffering.

While there are no legal caps on economic or non-economic damages in most personal injury cases , settlements can range from a few thousand dollars for minor injuries to tens or hundreds of thousands for moderate to severe injuries, with severe cases or wrongful death potentially reaching over a million dollars

How are personal injury settlements calculated in Georgia?

In Georgia, personal injury settlements are calculated by combining all economic losses, such as medical expenses, lost wages, and property damage, with non-economic damages like pain and suffering, which are often valued using a multiplier based on injury severity. The final amount is adjusted according to Georgia’s modified comparative negligence rule, which reduces your award by your percentage of fault and bars recovery entirely if you are 50% or more responsible.

The specific value ultimately depends on the strength of the evidence and the skill of the legal representation.

How is fault determined in a car accident in Georgia?

Fault in a Georgia car accident is determined by proving that another driver was negligent, meaning they violated a duty of care and caused the crash, using evidence such as police reports, witness statements, photos, and traffic laws. However, Georgia’s modified comparative negligence rule allows multiple parties to share fault, meaning you can still recover compensation if you are less than 50% responsible, though your award will be reduced by your percentage of fault.

If you are found to be 50% or more at fault, you are barred from recovering any compensation at all.