Atlanta Hit-And-Run Attorney Representing Victims of Serious Injury and Wrongful Death
According to a study conducted by AAA, 682,000 hit-and-run accidents occur annually, with the number of hit-and-run deaths growing over 7% every year since 2009.
For over 35 years, the Atlanta Hit-And-Run Attorneys at Apolinsky & Associates have successfully represented injury victims and their families, recovering the compensation they deserve for the losses they have incurred due to hit-and-run auto accidents.
What are Georgia’s Hit-And-Run Laws?
Georgia law mandates (O.C.G.A. §40-6-270) certain requirements for parties involved in auto accidents. Drivers have a duty to stop at, or return to, the scene of the crash and have several obligations to complete prior to leaving the scene, including:
- Providing their name, address, and vehicle registration information.
- Exhibiting any operating license for the vehicle, such as a driver’s license or CDL.
- Providing reasonable assistance with injuries, including transporting or arranging for transport to the hospital upon request from the injured person.
- Making every reasonable effort to inform local authorities if the injured person is unable to communicate or unconscious before leaving the scene of the crash.
These obligations also apply to drivers who:
- Crash into vehicles that are parked.
- Hit pedestrians.
- Strike bicyclists or motorcycles.
Further Reading: Importance of Uninsured Motorist Coverage in Georgia
Proving Negligence & Causation in Georgia Hit-And-Run Injury Cases
As with any civil tort claim in Georgia, in order to establish negligence in hit-and-run cases, your attorney will have to demonstrate that:
- A duty of care existed, and the defendant owed you a level of responsibility.
- The defendant breached the duty of care and responsibility.
- That breach directly caused your injuries.
- You suffered damages that resulted from the breach of care.
Under GA Code § 9-3-33, the statute of limitations holds that injured parties have two years to bring personal injury claims forward. After two years, a court will dismiss your claim. Oftentimes, insurance companies will engage in stalling techniques to avoid paying you anything. It is important to begin working with a Georgia personal injury attorney experienced in dealing with hit-and-run injury claims as soon as possible to build your case.
Negligence Per Se in Hit-and-Run Cases
By definition, being at-fault in a hit-and-run auto accident is a criminal act punishable by up to 5 years in prison in the state of Georgia. This act alone lends itself to the legal argument of Negligence Per Se in a civil trial to recover damages.
By arguing Negligence Per Se in civil court, your attorney is presenting the defendant’s criminal violation of the law — in this case, leaving the scene of an auto accident — as demonstration that the defendant acted negligently.
Further Reading: Understanding Negligence Per Se in Personal Injury Cases
Damages and Compensation for Georgia Hit-And-Run Injuries
Serious injuries can and do occur in car crashes. You may need extensive medical care, or even long-term care after an accident. Fortunately, you may be able to recover some of those losses, including:
- Medical expenses, including emergency care and ongoing treatments.
- Lost wages.
- Reduced or loss of earning capacity.
- Long term disability.
- Property damage.
- Pain and suffering, including emotional injuries.
- Diminished quality of life.
If the at-fault driver is later found and they are insured, your attorney may also seek punitive damages to punish the driver for displaying a lack of care. These damages are not dependent on any actual injury you may have suffered.
If you or a loved one has been badly injured due to a hit-and-run crash and would like to discuss what possible damages you could recover, contact the Atlanta Car Accident Attorneys at Apolinsky & Associates, LLC, for a case evaluation.
Further Reading: A Guide to Compensatory vs. Punitive Damages
