OCGA Hit and Run GA Laws Under Section 40-6-270

By: Larry Kohn and Cory Yager, Award-Winning Hit and Run GA Attorneys Near Me in Atlanta and Georgia Super Lawyers

In Georgia, it is against the law to leave the scene of an accident. Under OCGA 40-6-270, drivers involved in a crash must stop, provide their information, and assist any injured individuals when necessary. Failing to do so may lead to criminal charges, ranging from misdemeanors to felonies, depending on the accident’s severity and whether injuries or fatalities occurred.

Georgia law also applies to accidents involving parked or unattended vehicles.. Certain factors, like DUI, can lead to more severe charges. Knowing what the law requires and the potential consequences, including license suspension and insurance impacts, is important for anyone dealing with a hit-and-run case.

Georgia Hit and Run Laws and Driver Responsibilities

To paraphrase the Georgia hit and run statute O.C.G.A. 40-6-270:

Under OCGA 40-6-270, drivers involved in an accident resulting in personal injury to or the death of any person or damage to an occupied vehicle must stop the vehicle at the scene or as close to the scene of the accident as possible.

However, other related laws outline additional responsibilities based on the type of accident:

OCGA 40-6-71 – Duty Upon Striking an Unattended Vehicle

Under Georgia law, a driver who collides with another vehicle—whether occupied or unattended must must make a reasonable effort to locate the owner. If the owner cannot be found, the driver is required to leave their contact information, including their name, driver’s license number, vehicle registration, and insurance details, in a visible place.

OCGA 40-6-273- Duty to Report an Accident

The state of Georgia mandates that drivers must report accidents to law enforcement if those accidents involve injury, death, or significant property damage (over $500 or more)

Georgia’s Hit-and-Run Law (OCGA 40-6-270) is officially titled ‘Hit and run; duty of driver to stop at or return to the scene of the accident.’ But what exactly does this law require, and what are a driver’s legal obligations?

Your Legal Responsibilities After an Accident

After an accident, the Georgia hit-and-run statute legally requires you to do these five things:

1. Stop at the accident location while obstructing traffic as little as possible.
2. Give their name, address, and registration number.
3. Upon request, show your driver’s license to the person struck or any occupant of the impacted vehicle;
4. Assist the injured person. This includes transporting or helping arrange transportation to a physician, surgeon, or hospital if it is clear they need medical help or if the injured person requests it; and
5. Make every reasonable effort to contact emergency medical services and local law enforcement to report the accident If the injured person is unconscious, cannot communicate, or appears deceased.

Losing control of your vehicle happens for many reasons. However, it is not a valid legal defense for a driver to NOT STOP and then try to render aid or call an ambulance or 911 after a crash has occurred. As in most states, staying at the scene is required, or at least providing your license and insurance information before leaving.

Is a Hit-and-Run a Misdemeanor or Felony in Georgia?

A Georgia hit-and-run driver can face misdemeanor or felony punishment depending on the severity of the injury if convicted and the driver knowingly fails to stop and comply with all the applicable provisions under Section 40-6-270.

When is Hit and Run a Misdemeanor?

Generally, yes. Georgia law classifies hit and run as a misdemeanor. Misdemeanor hit-and-run charges carry fines ranging from $300 to $1,000, automatic license suspension, and potential jail time.

Under certain circumstances, hit and run charges can turn into a felony when serious injury or death is involved.

When is Hit and Run a Felony?

Hit-and-run can be a felony in Georgia if the accident causes serious injury or death to the person.

While it is a misdemeanor crime, it is one of the “serious” motor vehicle crimes that can be the “predicate” driving offense to support related felony crimes.

A hit-and-run accident in Atlanta, GA, for leaving the scene of an accident with an occupied vehicle can create serious criminal law and civil law consequences. After a Georgia accident, when potential clients call us, their first question is, “Is an OCGA hit and run a felony?” The short answer is sometimes.

If convicted of felony hit-and-run, a driver faces 1 to 15 years in prison, severe fines, a four-month license suspension, and license revocation. In addition, the injured party may file a civil lawsuit for damages beyond criminal penalties.

What Are the Penalties for a Hit and Run Conviction?

Misdemeanor Penalties (License Suspension, Jail Time, Fine)

For leaving the scene of an accident, the misdemeanor penalties are mandatory license suspensions, jail time, and fines ranging from $300 to $1,000. The fine amounts and duration of your license suspension vary based on the severity of the offense and whether this is your first hit-and-run conviction.

Felony Penalties (Possible Prison Time, Higher Fines, License Revocation)

For a felony hit-and-run, fines are significantly higher, determined by the court based on the severity of the offense. The driver’s license is suspended for at least 12 months and may be permanently revoked. Additionally, felony convictions come with prison sentences ranging from 1 to 15 years per serious injury or death involved in the accident.

The consequences of a hit-and-run conviction go beyond the criminal penalties- the injured individual may also sue you for punitive damages (damages designed to punish you for inflicting pain and suffering. These ‘damages’ are not covered by your car insurance company.

Leaving the Scene of An Accident: What Happens Next?

Many different situations can arise when someone leaves the scene of an accident in Georgia. In some cases, the driver goes home, only to have police show up and arrest them later because a witness reported the crash and provided a license plate number.

Law enforcement officers are trained to assume that hit-and-run drivers may be impaired and will investigate accordingly under OCGA 40-6-270.

In other situations, the driver may leave the scene but avoid immediate confrontation, only to be identified and contacted by police days later. If the vehicle is disabled in the crash and the driver flees on foot, authorities may take longer to locate them—sometimes more than 24 hours—but the investigation will likely continue.

However, if the driver checks on the other party, confirms that no one is injured, and provides their phone number, vehicle registration, and insurance details before leaving, this may not constitute a criminal hit-and-run under Georgia law.

What If I Hit a Parked Car and Drive Off?

If you hit a parked car, this is still considered a hit-and-run under Georgia law. Specifically, OCGA section 40-6-272 outlines Striking an Unattended Vehicle. If you have struck an unattended vehicle, Georgia law states that you must:

Try and find the owner of the vehicle. If you can’t find the owner of that vehicle, then you have to leave your name and address in a place where the driver can locate it.

Failure to locate the driver or leave your contact information can result in up to one year in jail, a $1,000 fine, and three points added to your Georgia driver’s license by the Department of Driver Services.

How DUI and Hit-and-Run Charges Are Often Related

Police often assume that a driver who leaves the scene of an accident may be under the influence of alcohol or drugs, making DUI a common additional charge in hit-and-run cases. Law enforcement officers respond quickly to hit-and-run incidents, fully expecting to investigate a possible DUI violation under OCGA 40-6-391. In many cases, this assumption proves correct, leading to both DUI and hit-and-run charges for the driver.

Once our law group is retained for a hit-and-run case, the presence of DUI charges significantly increases the urgency of legal representation. The penalties for DUI combined with hit-and-run are generally more severe than for either offense alone. If convicted of both, these crimes are classified as HV-level offenses (Habitual Violator).

In addition, the DUI hit and run penalty under Georgia criminal laws is only part of this hit and run punishment. If convicted, you also face:

• Mandatory 12-month license suspension for leaving the scene of an accident.
• An additional hit and run habitual violator (“HV”) offense. Driving while declared a habitual violator is a serious felony offense as if you had a DUI and tried to elude a police officer.
• With 3 or more HV-level offenses within 5 years, the State of Georgia will revoke your license (taken off records) for 5 years.

If the driver has previous HV-level offenses, a conviction for both DUI and leaving the scene of an accident can result in a five-year license revocation.

Facing a Hit and Run? Hire an Expert Criminal Defense Attorney

If you’ve been arrested for hit-and-run in Georgia, you need an experienced legal team. Our award-winning criminal defense attorneys have decades of experience handling hit-and-run cases, ranging from misdemeanors to serious felonies.

At our firm, you’ll be represented by Larry Kohn, a Georgia Super Lawyer with over 20 years of experience, Cory Yager, a former police officer turned top-rated defense attorney, and Bubba Head, a 47-year veteran criminal lawyer nationally recognized for his expertise in Georgia DUI and criminal defense.

We offer flexible payment plans and will walk you through your legal options step by step. The call is free, and the consultation is free. What do you have to lose? Call 404-567-5515 now.

Georgia Hit and Run Accident Attorneys: 24 Hour Availability

If you have been arrested for a hit and run in Georgia, you need an attorney who knows the hit and run laws in the state. Hit and run offenses can be charged as a misdemeanor or felony in Georgia depending on the circumstances. However, most people face a misdemeanor charge. If you’ve been charged with a hit and run, the Law Offices of Bubba Head can help.

Why not call upon Georgia’s three Super Lawyers for a FREE lawyer consultation? You will be speaking to hit and run defense lawyer Atlanta Cory Yager (an ex-cop), leaving the scene of an accident lawyer Larry Kohn or 47-year veteran criminal attorney, and hit and run lawyer Atlanta Bubba Head for legal advice before your hit and run GA case explodes. Dial our law office at 404-567-5515, 24 hours a day.