A hit and run collision can lead to both a criminal case and a civil lawsuit. In Georgia, drivers have a legal duty to stay at the scene after a wreck involving injury, death, or property damage. When a driver flees instead of stopping to help, they may face criminal penalties, and the injured victim may also have the right to pursue financial compensation through a civil claim.
Our car accident attorney explains how these wrecks fall into both civil and criminal cases.
What Is a Driver’s “Duty to Stay”?
Hit and run accidents often involve distracted driving, such as texting or simple inattention behind the wheel. Many serious collisions happen at crosswalks where pedestrians have little protection against the force of a vehicle.
However, O.C.G.A. § 40-6-270 requires drivers involved in a collision to stop and remain at the scene. Drivers must:
- Stop or immediately return to the scene
- Provide identifying information
- Show vehicle registration upon request
- Offer reasonable assistance to injured people
Failing to do so may result in criminal charges, especially when someone suffers serious injuries.
Why Hit and Run Cases Are Often Criminal Matters
When a driver leaves the scene, the state may prosecute the case as a criminal offense. Depending on the circumstances, penalties may include:
- Misdemeanor or felony charges
- Fines
- Driver’s license suspension
- Jail or prison time
- Probation
A prosecutor handles the criminal case on behalf of the state. The purpose is punishment and public safety, not compensation for the injured person.
That distinction is important because even if the driver is arrested, the victim may still face medical bills, lost wages, and long-term recovery challenges.
When a Hit and Run Becomes a Civil Case
A civil case focuses on financial recovery for the injured victim. Someone hurt in a hit and run collision may pursue compensation for:
- Medical expenses
- Lost income
- Pain and suffering
- Rehabilitation costs
- Future medical treatment
Civil claims can arise whether the at-fault driver is identified or not.
For example, a pedestrian struck in a crosswalk by a driver may suffer severe injuries. Even if police investigate the collision as a criminal matter, the injured pedestrian may still need to file a separate insurance or injury claim.
What Happens if the Driver Is Never Found?
“Hit and run collisions happen more often than you think, and having uninsured motorists coverage is a way to make sure you are not left without compensation for your injuries or damages to your vehicle.”
— Attorney Gary Bruce
Many hit and run collisions involve drivers who are never identified. In those situations, uninsured motorist coverage may become extremely important.
Under O.C.G.A. § 33-7-11, uninsured motorist coverage may help injured people recover compensation after a hit and run wreck. This coverage applies to drivers but also passengers, pedestrians, and bicyclists.
Insurance companies may still investigate these claims carefully, which is why evidence matters. Helpful evidence may include:
- Surveillance video
- Witness statements
- Police reports
- Vehicle debris
- Cellphone records showing texting or distraction
However, an injured person has to file a personal injury lawsuit with the local courts within two years of the collision date, per O.C.G.A. § 9-3-33
Call the Law Offices of Gary Bruce to Understand the Difference
Hit and run collisions often involve both criminal and civil issues at the same time. A driver who flees the scene may face prosecution for violating Georgia law, while the injured victim may separately pursue compensation for the harm caused by the collision.
If you or someone you love was injured in a hit and run wreck, contact the Law Offices of Gary Bruce to discuss your legal options and possible insurance coverage.
