Posted on Friday, September 6th, 2019 at 10:34 pm
A Georgia woman was struck and killed by oncoming traffic when she made a dangerous turn attempting to follow another vehicle. Her pursuit of the vehicle began when it rear-ended her and then fled the scene. The driver of the fleeing vehicle narrowly made the turn, avoiding a collision and evading arrest. The woman attempting to follow the driver responsible for rear-ending her died on the scene of the second wreck.
Hit-and-Run Liability
Under Georgia law, drivers are required to stop at the scene of an accident or, if not safe to do so, park nearby and return. If the vehicle struck is unoccupied, the driver should attempt to locate the vehicle’s owner and leave a note with the required information. The driver is required to provide to the driver of the vehicle struck:
- Name and address
- Vehicle registration number
- Driver’s license
- Reasonable assistance for obtaining medical treatment
- Contact with emergency services and law enforcement as needed
This information ensures that the driver whose vehicle was struck can pursue necessary insurance claims, as well as speedy medical treatment if needed. Although the law only requires that an accident be reported to law enforcement if the damages exceed $500 or there are any injuries or deaths, it is wise to report all accidents. This ensures that you are complying with the law even if your vehicle repairs cost more than you originally anticipated.
Failing to stop is prosecuted as a felony if a death or serious injury results from the accident. If the accident results in more minor injuries and/or vehicle damage, the crime is a misdemeanor. However, you will not receive compensation from any criminal proceedings.
Collecting Compensation
Hit-and-run accidents make collecting compensation more difficult, since you will have to wait for a police investigation to identify the responsible party. Your own insurance may cover at least some of your costs under your personal injury protection coverage or uninsured motorist coverage.
Since your own insurance company offers some compensation, depending on the coverage you have purchased, you may believe that you can navigate the process on your own. However, your insurance will require a significant amount of proof and paperwork. They are also likely to reduce or deny your claim, as they are primarily concerned with their bottom line and are unlikely to recover the amount paid unless the driver is located.
In the event that the hit-and-run driver is located, you can file a personal injury suit. However, you must keep in mind the statute of limitations, as you have only two years to file a personal injury suit after the accident. Your attorney may be able to help you locate the driver as well, since experienced attorneys will have connections with excellent investigators.
Contact an Attorney
After a hit-and-run accident, contact the attorneys at Jonathan R. Brockman, P.C. immediately. We can help you to explore your options for compensation, even if the driver is never identified. Investigators working for us may also be able to assist you and the police in locating and prosecuting the driver.