Police in Cobb County experienced a horrible scene this past week after a crash Monday morning resulted in a fatality on I-20.
According to the investigation so far, a man riding a motorcycle rear-ended a tractor trailer and then pulled into the left emergency lane. He then was struck by several more vehicles and was pronounced dead at the scene.
The story covered in today's post does not seem to have a traffic crime on behalf of the driver of the tractor trailer. However, if the driver had no returned to the scene of the accident, then he would be facing charges of hit and run in Georgia.
In today's post, I will outline the law behind hit and run and the different responsibilities that a driver faces in the state of Georgia if he or she gets into an accident.
Hit and Run in Georgia
Hit and run in Georgia is defined by Georgia Law in O.C.G.A. §40-6-270. This statute outlines the different legal duties of a driver if involved in an accident. The law is as follows:
The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall:
(1) Give his or her name and address and the registration number of the vehicle he or she is driving;
(2) Upon request and if it is available, exhibit his or her operator's license to the person struck or the driver or occupant of or person attending any vehicle collided with;
(3) Render to any person injured in such accident reasonable assistance, including the transporting, or the making of arrangements for the transporting, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person; and
(4) Where a person injured in such accident is unconscious, appears deceased, or is otherwise unable to communicate, make every reasonable effort to ensure that emergency medical services and local law enforcement are contacted for the purpose of reporting the accident and making a request for assistance.
The driver shall in every event remain at the scene of the accident until fulfilling the requirements of this subsection. Every such stop shall be made without obstructing traffic more than is necessary.
Hit and run can be classified as a misdemeanor or a felony depending on the results of the accident. If such accident is the proximate cause of death or a serious injury, any person knowingly failing to stop and comply with the requirements shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. If such accident is the proximate cause of an injury other than a serious injury or if such accident resulted in damage to a vehicle which is driven or attended by any person, any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor and upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both.
If you or a loved one has been arrested, contact a Georgia DUI Attorney today.