Hit and Run

Hit and run traffic charges in Georgia can be serious and may even result in an arrest when you first receive the ticket. It's a situation that no one wants to be in. When dealing with these charges, it's crucial to get an experienced attorney as soon as possible. An attorney can work to get you out of jail quickly and help preserve any evidence that may be useful in your case. By seeking help from an attorney, you can give yourself the best chance of defending against these charges and potentially avoiding serious consequences. Remember, it's always better to be prepared and have expert guidance on your side.

Types of Hit and Run Charges in Georgia

In Georgia, there are several types of hit and run or accident related charges that drivers should be aware of. Firstly, hit and run charges can occur when a driver fails to stop at or return to the scene of an accident. This is a serious offense and can result in significant penalties. Additionally, there are charges for failing to adhere to the duty upon striking an unattended vehicle, or a fixture such as a tree or mailbox. If an accident involves property damage, injury, or death, there is also a duty to report the accident to the authorities. Knowing these different charges and the responsibilities associated with them can help drivers avoid legal trouble and ensure safe driving practices. Let's take a look at each one.

Hit and Run: duty of driver to stop at or return to scene of accident

Under Georgia Law, the Official Code of Georgia Annotated (OCGA) 40-6-270 outlines the requirements and duties of drivers involved in an accident, specifically addressing the issue of Hit and Run. According to the statute, drivers are obligated to stop at or return to the scene of the accident and fulfill certain responsibilities. These requirements include:

Stopping at the scene: Drivers must stop their vehicles as close to the accident site as possible without obstructing traffic. If stopping at the scene is not feasible, they must return immediately.
Providing information: Drivers are required to provide their name, address, and vehicle registration number to the other parties involved in the accident. They must also show their driver's license upon request.
Assisting injured parties: If anyone is injured in the accident, drivers must offer reasonable assistance, which may include calling for medical help or arranging transportation to a medical facility.
Reporting the accident: In cases where an injured person is unconscious, incapacitated, or otherwise unable to communicate, the driver must report the accident to the nearest police authority as soon as possible.

If a driver fails to comply with these requirements and is convicted of a Hit and Run, the consequences can be severe, including:

Misdemeanor or felony charges: Depending on the circumstances of the accident, such as whether it resulted in property damage, injury, or death, a Hit and Run conviction can be classified as a misdemeanor or a felony, both of which will appear on the driver's criminal record.
Fines: Convicted individuals may face substantial fines, typically ranging from $300 to $1,000, depending on the severity of the accident and subsequent charges.
Jail time or imprisonment: A Hit and Run conviction can result in jail time (for misdemeanors) or imprisonment (for felonies), with sentences varying based on the severity of the accident and the driver's prior record.
License suspension or revocation: A Hit and Run conviction will lead to the suspension of the driver's license, with the duration depending on the severity of the offense and the driver's prior history.

Given the serious consequences of a Hit and Run conviction in Georgia, it is crucial for drivers to understand their legal obligations when involved in an accident and fulfill their duties accordingly to avoid potential penalties and legal ramifications.

Duty Upon Striking Unattended Vehicle

Under Georgia Law, OCGA 40-6-271 outlines the driver's duty upon striking an unattended vehicle. In such incidents, drivers are required to adhere to specific responsibilities to ensure appropriate actions are taken following the accident. These requirements include:

Locating the owner: The driver must make a reasonable effort to find the owner of the unattended vehicle or notify them about the accident. This may involve asking nearby individuals if they know the owner or contacting local businesses to make an announcement.
Leaving a written notice: If the driver is unable to locate the owner, they must leave a written notice in a conspicuous place on the unattended vehicle. This notice should include the driver's name, address, and a statement describing the circumstances of the accident.
Reporting the accident: Although not technically required by law, best practice indicates that the driver should also report the accident to the nearest law enforcement agency, providing details about the incident and their contact information. This is to help in case the note gets lost, or the owner lies about you contacting them later

If a driver fails to comply with these requirements and is convicted of striking an unattended vehicle, the consequences can include:

Misdemeanor charges: Striking an unattended vehicle and not fulfilling the legal obligations is considered a misdemeanor, which will appear on the driver's criminal record and may impact various aspects of their life, such as employment or housing opportunities.
Fines: Convicted individuals may face fines, with the amount determined by the court based on factors such as the severity of the accident and any prior offenses, usually up to $1,000.
Points on driving record: A conviction for striking an unattended vehicle will result in 3 points being added to the driver's record, potentially leading to increased insurance premiums and other negative consequences.

To avoid these penalties and fulfill their legal duties, it is essential for drivers in Georgia to understand and comply with the requirements outlined in OCGA 40-6-271 when involved in an accident with an unattended vehicle.

Duty Upon Striking Fixture

Under Georgia Law, OCGA 40-6-272 outlines the driver's duty upon striking a fixture or other property located alongside or adjacent to a highway. In such incidents, drivers are required to take specific actions to ensure appropriate steps are taken following the accident. These requirements include:

Stopping at the scene: Drivers must stop their vehicle at the scene of the accident or as close to it as possible without obstructing traffic.
Locating the owner: The driver must make a reasonable effort to locate and notify the owner or person in charge of such property what happened. Also, the driver must provide their name, address, and vehicle registration number to said owner. They must also show their driver's license upon request.
Reporting the accident: The driver is not required to report the accident, however, in order to insure make sure there is documented compliance with this law, it is highly encouraged for the driver to also report the accident to the nearest law enforcement agency immediately, providing details about the incident and their contact information.

If a driver fails to comply with these requirements and is convicted of striking a fixture or other property, the consequences can include:

Misdemeanor charges: Striking a fixture or other property and not fulfilling the legal obligations is considered a misdemeanor, which will appear on the driver's criminal record and may impact various aspects of their life, such as employment or housing opportunities.
Fines: Convicted individuals may face fines, with the amount determined by the court based on factors such as the severity of the accident and any prior offenses, up to $1,000.
Points on driving record: A conviction for striking a fixture or other property will result in 3 points being added to the driver's record, potentially leading to increased insurance premiums and other negative consequences.

To avoid these penalties and fulfill their legal duties, it is essential for drivers in Georgia to understand and comply with the requirements outlined in OCGA 40-6-272 when involved in an accident with a fixture or other property located alongside or adjacent to a highway.

Duty to Report Accident Resulting in Injury, Death, or Property Damage

Under Georgia Law, OCGA 40-6-273 outlines the driver's duty to report an accident resulting in injury, death, or property damage amounting to $500 or more. In such cases, drivers are required to take specific actions to ensure that appropriate steps are taken following the accident. These requirements include:

Reporting the accident: The driver involved in the accident must immediately, by the quickest means of communication, notify the local police department, county sheriff, or the nearest office of the Georgia State Patrol if the accident occurred within their respective jurisdictions.
Providing necessary information: When reporting the accident, the driver should provide their name, address, and vehicle registration number, along with a description of the accident, including its location, the extent of injuries or fatalities, and an estimate of the property damage involved.

If a driver fails to comply with these requirements and is convicted of failing to report an accident resulting in injury, death, or property damage of $500 or more, the consequences can include:

Misdemeanor charges: Failing to report such an accident is considered a misdemeanor, which will appear on the driver's criminal record and may impact various aspects of their life, such as employment or housing opportunities.
Fines: Convicted individuals may face fines, with the amount determined by the court based on factors such as the severity of the accident and any prior offenses, up to $1,000.
Points on driving record: A conviction for failing to report an accident will result in 3 points being added to the driver's record, potentially leading to increased insurance premiums and other negative consequences.

To avoid these penalties and fulfill their legal duties, it is essential for drivers in Georgia to understand and comply with the requirements outlined in OCGA 40-6-273 when involved in an accident resulting in injury, death, or property damage of $500 or more.

Requirements for All Drivers

It is crucial for all drivers in Georgia to understand their legal obligations when involved in a motor vehicle accident. First and foremost, drivers must provide certain information to all parties involved, including their name, address, and vehicle registration number. In addition, drivers must also provide their insurance information, as well as the name and contact information of their insurance carrier. Equally important, if the vehicles involved in the accident are able to be moved, drivers must do their best to move them from the roadway to ensure the safety of everyone involved. By fulfilling these requirements, drivers can help ensure a smooth and efficient process in the aftermath of an accident - and also avoid getting ticketed for failing to do so.

Information to Provide in an Accident

Under Georgia Law, OCGA 40-6-273.1 outlines the requirements for drivers involved in an accident to provide specific information to other parties affected by the incident. In such cases, drivers are obligated to share the following details:

Name and address: Drivers must provide their full name and address, along with that of the owner if it is different than the driver, to the other parties involved in the accident.
Vehicle registration number: Drivers are required to share their vehicle registration number with the other parties.
Driver's license: Upon request, drivers should present their driver's license to the other parties involved in the accident.
Proof of insurance: Drivers are also required to provide proof of insurance to other parties involved in the accident as well - including the name of the liability insurance carrier, or proof that the driver is legally self-insured.

By understanding and adhering to the requirements outlined in OCGA 40-6-273.1, drivers can ensure they are fulfilling their legal obligations when involved in an accident in Georgia. Providing this information helps facilitate smoother communication between all parties involved and assists in resolving any issues that may arise due to the accident. Failure to do so will result in a misdemeanor charge.

Duty to Remove Vehicle

Under Georgia Law, OCGA 40-6-275 outlines the driver's duty to remove vehicles from the road when involved in an accident, provided that the vehicle can be moved. This requirement aims to minimize traffic disruptions and reduce the risk of secondary accidents. In such cases, drivers are obligated to take the following steps:

Moving the vehicle: If a vehicle is involved in an accident resulting only in damage to property (no injuries or fatalities), and the vehicle can be safely driven, the driver must move it off the roadway as soon as possible. The vehicle should be relocated to a nearby location where it does not obstruct traffic, such as the shoulder, a parking lot, or a side street.
Reporting the accident: Even if the vehicle has been moved off the roadway, drivers must still report the accident to the appropriate law enforcement agency if required by OCGA 40-6-273 (involving injury, death, or property damage of $500 or more).
Exchanging information: As per OCGA 40-6-273.1, drivers should provide their name, address, vehicle registration number, and upon request, their driver's license to the other parties involved in the accident.

By understanding and complying with the requirements outlined in OCGA 40-6-275 and how they fit in with other Georgia traffic laws, drivers can help maintain the smooth flow of traffic and reduce the risk of additional accidents when involved in a collision. Additionally, adhering to these guidelines can also demonstrate responsible behavior, which may be beneficial when resolving any legal issues that may arise from the accident.

The consequences for failing to do move an accident vehicle include a misdemeanor charge, fines of up to $1,000, 3 points on your driving history, and even possible jail time, depending on the severity of the circumstances.

How We Can Help

At Your Law Firm, we understand the stress and inconvenience of receiving a Hit and Run traffic ticket and other accident-related failure to report tickets. That's why we are here to help you every step of the way. We will thoroughly review all evidence against you and fight for you if that's what you want to do. However, if you want to accept responsibility and take a plea, we will also negotiate on your behalf, providing you with guidance on what to do to make you look your best for negotiation purposes. Our skilled team of legal professionals is committed to achieving the best possible outcome for your case. You can trust us to guide you through the process with professionalism and approachability. Let us assist you in resolving this issue and getting back to a stress-free life.