Understanding Your Rights After a Hit and Run
According to government statistics, hit and run accidents account for approximately 11% of all motor vehicle accidents. A driver who caused injury to another by careless, reckless driving or DUI (driving under the influence of alcohol and drugs) has already violated the law. In leaving the scene of the car accident, they have now become criminally negligent.
If you or a loved one has been injured in a hit and run accident, it may be in your best interest to consult An Atlanta Car Accident Lawyer from our law firm as quickly as possible. Even if the police are unable to identify the negligent driver, you may still be able to recover compensation.
Call 404-882-6810 today to discuss your case for free. No charge until you win!
Identifying And Convicting Hit-And-Run Drivers
The only way to catch and convict a hit-and-run suspect is with solid evidence of their identity and involvement. This part is incumbent on the police, who collect and analyze different kinds of evidence, including:
- surveillance video of the incident;
- eyewitness accounts of the accident;
- physical evidence such as damaged vehicle parts and skid marks;
- 911 call recordings;
- medical records and/or police reports;
- digital records from nearby devices such as speed cameras, license plate readers, etc.;
- testimonies from experts such as accident reconstruction specialists; and
- testimonies from experts such as fingerprint analysts and DNA analysts.
However, while the police do their best, they are sometimes limited by their resources and cannot always identify hit-and-run drivers. If that happens, you’ll still have the option to seek compensation from your own insurance company (a smooth process if you work with a Hit And Run Accident Lawyer In Atlanta.
How Easy Is It to File a Claim with my Own Insurance Company?
In the state of Georgia, all drivers are required to carry automobile insurance – the minimum of which is $25,000 per person and $50,000 per accident. However, drivers are not required to carry personal injury protection (PIP) or uninsured motorist covered (UM), which may prove an issue when it comes to getting compensation for hit and runs.
UM insurance coverage is especially important as it’ll let you pursue compensation from your insurance, even if law enforcement fails to identify the hit-and-run driver. Whether you’re jogging, walking, or cycling — you’re covered by UM even if you’re not sitting behind the wheel.
Another problem: insurance companies are notoriously hard to negotiate with. These companies are interested primarily in protecting their bottom line. You’re potentially looking at a battle against teams of experienced adjusters looking to reduce, if not deny, your claim altogether.
An Atlanta Hit And Run Accident Lawyer from Henningsen Injury Attorneys P.C. will be familiar with the insurance process as well as dealing with uncooperative drivers and insurance companies, leaving you free to focus on recovering and getting your life back on track.
And believe us when we say that the attorney-client relationship at Henningsen Injury Attorneys, P.C. is one that’s built on trust and communication (just see our Client Reviews!). We’ve been helping clients with hit-and-run accident claims for over 45 years. Our attorneys recognize that each accident is unique, and we’ll leave no stone unturned in helping you get the maximum compensation you need to get back on your feet.
Call 404-882-6810 today to discuss your case for free or fill out our Contact Form
What Should You Do if Someone Hits Your Car and Runs?
After you have been involved in a hit and run accident, you may have the best chance at recovering compensation if you are able to identify the other driver. For this reason, it would be a good idea to follow a few simple steps in the immediate aftermath of an accident.
- Write down a description of the vehicle: anything that you can remember about the other vehicle may help, including the color, model, damage and license plate number.
- Contact the police immediately: when help arrives on the scene, you will be able to file a police report. Request a copy of the report, as this may help with your insurance claim.
- Take pictures of the accident scene: this should include pictures of the damage that was done to your vehicle, as well as any other relevant evidence (i.e. tire marks).
- Seek medical attention immediately: you shouldn’t delay in seeking medical attention after an accident, even if you don’t think that you have been seriously injured.
- Contact a personal injury lawyer: the process of filing a claim after a hit and run can be complicated; entrust your case to the team at Henningsen Injury Attorneys, P.C.
Contact Our Atlanta Car Accident Law Firm 24/7
At Henningsen Injury Attorneys, P.C., our legal team of hit and run accident injury lawyers in Atlanta has been protecting the rights of victims and their families for more than a decade. We understand how difficult your situation is, so we will work tirelessly to help you obtain the financial compensation you are due for your medical bills and expenses, pain and suffering and suffering, and other losses related to the accident. The hit and run accident lawyers at our firm will work diligently to relieve you of the burden of pursuing compensation, thus allowing you to concentrate on your health and recovery.
Have another case on your hands? The practice areas we serve cover:
- Auto Accidents (including distracted driving or drunk driving accidents);
- Motorcycle Accidents;
- Bicycle Accidents;
- Truck Accidents;
- Pedestrian Accidents;
- Construction Accidents;
- Medical Malpractice;
- Wrongful Death;
- Premises Liability Cases;
- and more
in verdicts & settlements
What Are the Hit and Run Laws in Atlanta, GA?
Hit-and-run laws can vary from state to state, but they all generally involve some breach of a duty of care that is owed. An Atlanta hit and run accident lawyer near you can further explain the specific laws in your state for you.
In the state of Georgia, these laws are fairly straightforward and easy to understand:
Collisions with attended vehicles
The statute governing hit and run accidents in Georgia is found at O.C.G.A. § 40-6-270. This statute requires that the driver of any vehicle involved in an accident resulting in injury or death to any person or damage to a vehicle must immediately stop nearby and return to the scene of the accident. They must then provide their name and address, the vehicle’s registration number, and operator’s license (if available). They must offer reasonable assistance, including transporting the injured person to a physician, surgeon, or hospital for medical or surgical treatment if necessary. The driver must remain at the scene of the accident until all of the above is completed, and must do so without obstructing traffic.
Collisions with unattended vehicles
Georgia code O.C.G.A. §40-6-271 says that if a driver collides an unattended vehicle, they must stop immediately. The driver must either try to find the owner or operator of the vehicle that was hit and give them their name and address, or leave their name and address in a noticeable place on the vehicle that was hit.
To sum up, a driver may be liable for hit-and-run charges under Georgia law if — following an accident — he/she:
Does not stop/flee the scene;
Stops but fails to provide basic information (details relating to accident, provide insurance information, etc.) and reasonable assistance;
Fails to leave his/her name and address on an unattended vehicle.
Not sure if you have a hit and run case? Get in touch with a Hit And Run Accident Lawyer in Atlanta, Georgia today to discuss the details of your case and determine your rights and options.
Consequences Of A Hit And Run In Atlanta, GA
Fleeing the scene of an accident is a crime in all jurisdictions. In most cases, the court system in Georgia treats a hit and run charge as a misdemeanor. If convicted, the driver could face fines, jail time, or even the loss of (or restrictions on) their license:
- For a first conviction, fines range from $300 to $1,000, and jail time up to a year;
A second conviction within five years will result in a fine between $600 and $1,000, as well as jail time up to a year; - The penalty for a third conviction or more is a $1,000 fine, as well as jail time up to a year.
The court can also prosecute a hit and run accident as a felony in specific situations — such as when the accident was the proximate cause of serious damage, injury, or death. Drivers convicted of felony hit-and-run charges can expect steeper fines and prison terms between one and five years.
How long after a hit and run accident can you be charged Georgia?
Legal actions in response to accidents are governed by Georgia’s statute of limitations: you generally have two years from the date of the car crash to file for injuries (also called liability claims). Property damage (such as car repairs) from a hit-and-run may be filed up to four years after the crash.
Time isn’t on your side; neither are the odds. An experienced Atlanta hit and run accident lawyer from Henningsen Injury Attorneys P.C. is just the person you need to put the law back on your side and ensure you get the compensation you deserve.
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Hit-and-run accident lawyers at Henningsen Injury Attorneys P.C. work on a Contingency Basis; instead of paying hourly or up-front attorney’s fees, you agree to pay a percentage of the settlement amount. This way, our customers can get legal advice without worrying about cost.
In a hit and run accident, a good personal injury lawyer can help:
- Examine your case and Advise You on next steps;
- Collect any necessary evidence from the accident site;
- Negotiate with the insurance company on your behalf to get The Best Settlement possible;
- Represent You In Court if necessary.
