Hit and Run Laws in Georgia: Penalties, Defenses, and What to Do Next
Leaving the scene of an accident in Georgia—whether out of panic, confusion, or fear—can carry serious legal consequences. Under Georgia law, a hit and run can result in either a misdemeanor or a felony charge, depending on the specific circumstances of the incident. Understanding your obligations and the potential penalties is crucial if you find yourself in this situation.
What Is a Hit and Run in Georgia?
According to Georgia law (O.C.G.A. 40-6-270), all drivers involved in an accident must stop and remain at the scene. This includes providing contact information, registration details, and rendering aid if someone is injured. Failing to do so may lead to criminal charges, even if you believe you weren’t at fault.
Felony vs. Misdemeanor Hit and Run Charges
A hit and run becomes a felony when serious bodily injury or death occurs. Even if the injured party was partially at fault, the law mandates that all drivers involved must stay at the scene. Felony charges reflect the serious risk and harm associated with fleeing a scene involving injury or death.
Misdemeanor charges apply when no serious injury or death occurs, but a driver still leaves the scene without fulfilling their legal duties. The statute of limitations for misdemeanor charges is two years, while felony charges may be pursued up to four years after the incident.
Why Do Drivers Leave the Scene?
In many cases, drivers panic. Some fear legal consequences due to other factors, such as:
- Expired, revoked, or suspended driver’s licenses
- Lack of valid liability insurance
- High deductible or no collision coverage
- Driving a vehicle without the owner’s permission
Sometimes, a driver may believe they won’t be identified. However, police can use evidence such as surveillance footage, eyewitnesses, or even fingerprints to tie someone to the vehicle involved.
What If You Hit an Unoccupied Vehicle?
In certain cases, hitting an unoccupied vehicle does not result in harsh penalties—if you leave a note with your contact information, vehicle registration number, license number, and insurance information. This action shows intent to resolve the situation responsibly.
Should You Call Your Insurance Company?
Not immediately. Consult a lawyer first. It is advisable to first consult with a lawyer. The main reason is that your insurer will want a recorded statement that may later be used against you in defending the OCGA hit and run case, under OCGA 40-6-270.
Delaying reporting a claim to your insurer won’t void your coverage, but those potentially facing criminal charges must be cautious about making potentially incriminating statements. You can file a claim within 30 days after the crash.
Penalties for Hit and Run in Georgia
- Misdemeanor: License suspension for 12 months (early reinstatement possible after 120 days in some cases)
- Felony: Serious jail time, especially when injury or death is involved. Injuries classified as serious include burns, broken bones, disfigurement, and brain injuries.
Commercial Drivers Beware
For CDL holders, leaving the scene can result in immediate license suspension and may jeopardize your career. The consequences are even more severe if the vehicle involved was commercial.
DUI and Hit and Run
Law enforcement often expects DUI to be a factor in nighttime hit and run accidents. The lack of witnesses at night can make it harder to identify the driver, but police will investigate aggressively.
Can Charges Be Dropped?
Possibly. If no one saw the driver or identified the suspect in the vehicle, or if police lack concrete evidence, charges might be dropped. However, police often find vehicles and use circumstantial evidence—like fingerprints—to press charges.
What to Do If You're Involved in a Hit and Run
Never leave the scene. If you already have, contact a qualified hit and run defense attorney immediately. An experienced lawyer can help you understand your options and build a strategy to mitigate the consequences.
Call Walt Moffitt Law Today
If you’ve been charged with hit and run in Northwest Georgia, call Walt Moffitt Law at (706) 841-7222 or fill out our contact form for a free consultation. We’ll help you navigate the legal system and fight for the best possible outcome.
