Hit and Run

According to Georgia law, if you are involved in an accident with another vehicle or property (such as a fence or mailbox), you are required to exchange your contact information with the owner of the property, even if you do not know who the owner is. Failing to do so can result in a hit-and-run charge.

Facing hit and run charges

Georgia’s hit-and-run laws can be complex, and it is not uncommon for officers to charge drivers with the wrong code section. It is important to evaluate the various hit-and-run code sections to determine if the officer charged you correctly.

A hit-and-run charge can apply in situations beyond just striking another moving vehicle. For example, you may be charged with a hit-and-run if you collide with a parked car and fail to leave your contact information. Even if you are unsure of the owner’s identity, it is generally advisable to file an accident report with the police in cases of property damage.

While some drivers may be hesitant to involve the police due to time constraints, minimal damage, or personal preference, it is important to remember that failing to report an accident and leave the scene can result in a hit-and-run charge.

Below we outline the various types of hit and run and the corresponding consequences of each charge:

Accident with at least one person in each car

O.C.G.A. 40-6-270

This is the most severe hit-and-run offense and applies when two vehicles collide, there was at least one person in each vehicle, and there was damage to the other vehicle or bodily injury to the other person.

Under these circumstances, a driver is required to immediately stop at the scene and provide their name and address, the registration number of their car, and show their license to the other driver upon request. They must also offer assistance to anyone who was injured and call for help if necessary.

Failure to comply with these requirements can result in a license suspension, jail or probation sentence of up to 12 months, and a fine of $300 to $1000. Depending on the severity of the injury, the state may charge the driver with a felony.

Accident with a parked (unattended) vehicle

O.C.G.A. 40-6-271

This offense applies when a driver hits a parked car and there is nobody inside the vehicle.

In this case, the driver is required to notify the vehicle owner and leave their name and address. If the driver does not own the car, they must also leave the car owner’s information.

If the driver is unable to locate the owner of the vehicle, they must leave a note with their identifying information in a conspicuous place on the vehicle.

Failure to fulfill these duties can result in a misdemeanor charge, with potential penalties including jail or probation of up to 12 months and a fine of $0 to $1000. There is no automatic license suspension for this offense.

Accident with private property (e.g., mailbox)

O.C.G.A. 40-6-273

This offense applies when a driver is involved in an accident with an unattended vehicle or property, such as a mailbox or fence, and fails to leave their identifying information or notify the owner. This is a lesser offense than the others and carries a maximum fine of $500. There is no automatic suspension with this offense.

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Criminal defense for hit and run charges

Talk to an attorney before interacting with the police or your insurance company following a potential hit and run situation. This is especially true if you are unsure of your responsibilities or potential legal consequences.

An attorney can provide guidance on how to communicate with law enforcement and insurance companies, and protect your rights and interests.

You may hear from someone in the Hit and Run Investigation Unit. Keep in mind that detectives are trained to gather evidence and may be skilled at appearing friendly and reasonable while obtaining the information they need to support a hit-and-run charge.

Consulting with an attorney beforehand can help ensure that you do not inadvertently provide evidence that could be used against you. Erin Gerstenzang is an experienced hit and run attorney. She is available to discuss the circumstances of your case and help you navigate the legal process.

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