Hit and Run – Leaving the Scene of an Accident

Things happen that may cause a decision to leave the scene of an accident, be it a high crime area, the other driver makes threats, or you are simply scared and drive away.  The police track you down, arrest you, and charge you with Hit and Run, or the police haven’t found you yet, but may be trying to talk to you about the accident.  In any event, it is important to contact a Hit and Run attorney right away to defend your case.  In Georgia, there are different types of Hit and Run offenses (known as Leaving the Scene of an Accident).   Depending upon the facts of the case, Hit and Run can range from a fine with no license suspension, to a felony charge that can carry the possibility of jail or prison – if a person has died or has been seriously injured and you failed to stop and render aid.  If you have been charged with Hit and Run or Leaving the Scene of an Accident, call our experienced defense lawyers at Chestney & Sullivan today. 

If you have been involved in an accident and have left the scene of the accident without stopping to exchange license and insurance information or seek medical attention for the injured, you need to speak to an attorney right away.  Law enforcement has more tools these days to track down people who have been involved in serious traffic accidents and fled the scene.  They could show up at your residence or contact you by phone.  Do not speak to them without speaking to an experienced hit-and-run attorney first.  Otherwise, you may inadvertently give the police information that may incriminate you and help the prosecution prove its case.  We can help build a defense in your case and minimize the potential evidence the prosecution can use against you. 

Georgia code for Serious Injury by Vehicle:

§ 40-6-394. Serious injury by vehicle; penalty

(a) As used in this Code section, the term “bodily harm” means an injury to another person which deprives him or her of a member of his or her body, renders a member of his or her body useless, seriously disfigures his or her body or a member thereof, or causes organic brain damage which renders his or her body or any member thereof useless.

(b) Any person who, without malice aforethought, causes an accident that results in bodily harm while violating Code Section 40-6-390 (Reckless Driving) or 40-6-391 (DUI) commits the crime of serious injury by vehicle. A person convicted of violating this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than 15 years.

(c) Any person who, without malice aforethought, proximately causes an accident that the person knew resulted in bodily harm and leaves the scene of the accident in violation of subsection (b) of Code Section 40-6-270 commits the crime of serious injury by vehicle; provided, however, that there shall be no violation of this subsection if the parties involved in the accident exchange motor vehicle insurance information prior to leaving the scene of the accident. A person convicted of violating this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than ten years. GA. Code 40-6-394 Serious injury by vehicle; penalty (Georgia Code (2019 Edition)).

Call Chestney & Sullivan today at 404.816.8777.  We are available after-hours, on weekends, and on holidays to speak to you about your case.