Atlanta’s bustling streets are witness to numerous car accidents per year. Hit-and-run accidents form part of distressing accident statistics as there were 2,872 fatalities in crashes involving hit-and-run drivers in 2021. It is crucial to notify your insurance company as soon as the accident occurred and gather all necessary evidence and information.
If you’ve been injured in such an accident, you will need the help of an experienced Douglasville car accident lawyer who can build a strong case to maximize your compensation.
The Legal Landscape in Georgia
Georgia operates on an “at-fault” basis for car accidents. The person responsible for causing the accident will also be liable for all damages and injuries caused as a result of their actions.
It is crucial to file a hit and run claim quickly due to the statute of limitations and the potential for punitive damages. Leaving the scene of the accident is a deliberate decision and a crime, which may result in punitive damages.
Parties involved in hit-and-run incidents will be able to pursue compensation from the person which caused the accident. If the driver who left the scene cannot be found, you can still pursue damages through your own auto insurance policy, as all drivers must have, as required by Georgia law.
Challenges of a Hit-and-Run Accident
Hit-and-run accidents are unique in that it may be challenging to identify the at-fault party, making it difficult to hold them accountable for their actions. Georgia Code § 40-6-273 does however place a duty on all drivers involved in an accident to report the accident to the relevant authorities if the accidents caused personal injury, death or property damage exceeding $500.
For example, a hit-and-run driver in Atlanta, identified as Nishan Moten, allegedly fled the scene after colliding with a party bus carrying a family from Charlotte. The incident resulted in significant injuries to 11 family members, with some members losing fingers and toes and requiring ongoing medical care and surgeries.
Failing to report the accident will result in severe legal penalties such as fines of up to $1000, driver’s license suspension or up to 12 months jailtime, if only property damages is recorded. If there are any fatalities or injuries the guilty party can face a felony hit-and-run charge which may lead to up to 5 years imprisonment.
In most hit-and-run cases the at-fault driver will report the accident to the police station after some time. If the driver does not come forward after a reasonable time, the victim of such an accident will have to prove their case.
Victims of hit-and-run accidents can build a strong case by first of all gathering evidence at the scene. This is one of the most important steps of a hit-and-run case. If the at-fault driver has fled the scene, valuable evidence may still be gathered to prove liability.
This will include:
- Photographs and Videos: If there are any security cameras or bystanders recording the scene this needs to be collected as soon as possible. This footage may include valuable evidence such as a license plate number, color and make of the vehicle and even the at fault driver’s face. It is important to also gather evidence of damage to your own vehicle in order to substantiate your claim.
- Witness Statements: If there are any witnesses to the accident it is important to gather their contact information as soon as possible. A witness statement will have to be obtained following the accident as witnesses may have valuable details that can lead to possible identification of the at-fault driver.
- Police Report: Make sure to report the accident to the authorities immediately. They will investigate the scene and collect any evidence, such as vehicle parts or identifying details of the other car. The accident report will also serve as evidence of your claim.
By building a strong hit-and-run case, your Douglasville car accident attorney can ensure that you receive the compensation you are entitled to.
Detailed Steps to Maximize Compensation
Steps to Maximize Compensation
To ensure maximum compensation, victims should consider the following steps:
Seek Medical Attention
First and foremost, seek immediate medical attention. Not only is this crucial for your health, but medical records can also serve as vital evidence when claiming lost wages. Documenting your injuries and treatments will support your case when filing a claim.
Report the Accident
Report the accident to the police as soon as possible. It is important to stay at the scene of an accident and not chase the other driver. Gather as much information as you can, including photos, witness statements, and any other relevant details. This information will be crucial when reporting the hit-and-run to your insurance company and understanding your insurance coverage.
Notify Your Insurance Company
Notify your insurance company about the accident promptly. Reporting the accident to your insurance company is essential for filing an insurance claim and understanding your insurance coverage. This step is crucial for ensuring that you receive the compensation you deserve.
Consult a Lawyer
Consulting a lawyer can significantly help in seeking compensation. A lawyer can guide you through the process of filing claims and may advise on the potential need for a personal injury lawsuit. Additionally, having uninsured motorist coverage can be vital in hit-and-run cases, as it helps cover medical expenses and lost wages if the other driver is not found or is uninsured.
By following these steps, victims can maximize their chances of receiving full compensation for their injuries and damages.
Immediate Medical Attention
Seek immediate medical care after the accident. This not only ensures your injuries are treated promptly but also provides a medical record that serves as crucial evidence in your legal claim. Medical records can help in claiming lost wages, as they document the extent of your injuries and the time needed for recovery.
Evidence Collection for Insurance Company
Gather comprehensive evidence from the accident scene, as mentioned. This evidence will substantiate your claim should your matter proceed to trial. It is crucial not to chase the other driver; instead, focus on gathering information at the scene of an accident to report the hit-and-run incident accurately.
Incident Reporting and Police Report
By having official records of the accident, insurance companies are less likely to dispute that the accident has indeed occurred. It is crucial to report the accident to your insurance company promptly and understand your insurance coverage to ensure proper compensation.
Legal Consultation
Consult with a personal injury lawyer who specializes in traffic accidents. They can guide you through the complex legal process, help gather additional evidence, negotiate with insurance companies on your behalf, and represent you in court if necessary. A lawyer can also assist you in seeking compensation, which may involve filing a personal injury lawsuit if needed. Additionally, having uninsured motorist coverage is crucial in hit-and-run cases, as it can help cover medical expenses and lost wages if the at-fault driver is not found or is uninsured.
Get in Touch With a Douglasville Car Crash Lawyer Right Away
While the aftermath of a hit-and-run accident can be a harrowing experience, by understanding Georgia’s legal framework and taking appropriate steps you can significantly enhance your chances of securing maximum compensation.
A Douglasville car accident attorney at the Weinstein Law Firm who has expertise in such cases can provide invaluable assistance and guidance. Contact us at 770-HELP-NOW!
