To report a hit and run accident in Alpharetta, contact the appropriate law enforcement agency as soon as possible. You’ll want to provide the police with as much information as possible regarding the fleeing driver and the vehicle they were driving at the time of the crash.
From there, don’t hesitate to call Van Sant Law. Our car accident lawyers in Alpharetta will take on your case by investigating the collision, helping establish what caused the accident, identifying available insurance coverage, and pursuing compensation on your behalf.
Georgia Law Requires Drivers To Stop
Georgia law places specific duties on drivers involved in accidents. Under O.C.G.A. § 40-6-270, if a driver is involved in an accident that results in any of these matters, they must stop at the scene:
- Injury
- Death
- Vehicle damage
The driver must provide identifying information and, when appropriate, reasonable assistance to an injured person. The statute also requires drivers to stay at the scene until these requirements have been fulfilled. A personal injury lawyer in Alpharetta from Van Sant Law can help you understand your options when they fail to do so.
Leaving after a collision can have criminal consequences for the driver, and knowingly failing to comply with the statute after an accident that causes serious injury or death is a felony. When the accident causes a less serious injury or property damage, the offense is generally a misdemeanor.
For an injured victim, though, the criminal case and the civil injury claim are separate matters. The fact that police investigate the hit and run does not automatically compensate you for medical bills, lost income, vehicle damage, or other losses.
Evidence May Help Locate a Missing Driver
A driver who leaves the scene does not necessarily disappear without leaving evidence behind. A lawyer investigating a hit-and-run can look for evidence that helps identify the vehicle or driver. Depending on where the collision happened, relevant evidence may include:
- Traffic-camera footage
- Security cameras from nearby businesses
- Doorbell-camera footage
- Witness statements
- Photographs taken at the scene
- Vehicle debris left behind
- Paint transfer between vehicles
- License-plate information
- Cell phone video from witnesses
- Information concerning the direction the vehicle traveled
Some evidence is time-sensitive. Businesses and other property owners often have systems that automatically overwrite older recordings. A lawyer can identify potentially useful sources and take steps to preserve evidence when appropriate.
Witnesses can also become harder to locate as time passes. Getting their information into the case file early can help preserve their recollection of what they saw, and Van Sant Law can help you make this possible.
What If the At-Fault Driver Can’t Be Located?
After a hit-and-run, the at-fault driver often cannot be identified, leaving no liability policy to pursue. In that situation, your own uninsured motorist (UM) coverage may pay for your injuries and losses. Georgia insurers must offer UM coverage, though it can be rejected in writing, so it is worth checking exactly what your policy provides.
Georgia Fault Rules Still Apply in Hit-and-Run Cases
Georgia follows a modified comparative fault system. Under O.C.G.A. § 51-12-33, damages are reduced according to a plaintiff’s percentage of fault. A plaintiff who is 50% or more responsible for the injury or damages is barred from recovering damages under the statute.
This can become relevant if an insurer argues that the injured person contributed to the collision. A lawyer can examine the evidence and challenge an unsupported allegation of fault. The fact that the other driver fled doesn’t automatically resolve all questions concerning liability.
However, Van Sant Law can use evidence from the scene, and an investigation can help establish what happened. When several parties contributed to an accident, Georgia law also provides rules for allocating fault among responsible parties.
Deadlines Can Limit Your Legal Options
Georgia imposes deadlines for personal injury lawsuits. Under O.C.G.A. § 9-3-33, the general statute of limitations for personal injury actions is two years from the date the cause of action accrues. This deadline will generally apply if the hit-and-run driver can be located.
Claims involving uninsured motorist coverage and other unique circumstances can also involve specific procedural requirements. A lawyer from Van Sant Law can determine which deadlines apply and take appropriate action before those deadlines expire.
Call Van Sant Law to Report a Hit and Run Accident in Alpharetta
In the state of Georgia, there are laws in place to protect drivers who’ve been hurt in a collision caused by someone who then fled the scene of the crash. For those injured in car accidents, uninsured motorist insurance can serve as an additional avenue for compensation.
At Van Sant Law, our attorneys understand how insurers evaluate injury claims because founding lawyer David M. Van Sant has worked on the defense side of litigation. His experience provides us with invaluable insight into how insurers investigate claims, assess liability, evaluate damages, and defend lawsuits.
As attorneys with more than five decades of combined experience, we’ll apply this information to your case. Make the Right Call and reach out to us today for your free initial consultation.
