Being hit by another driver is always frustrating, but it’s especially so when they flee the scene in an effort to avoid taking responsibility for their actions. You could be facing serious injuries and considerable property damage and may not know how you’ll pay for them. Regardless of whether the driver who hit you is eventually found, the Butler Kahn wants to help you get the compensation you need for your medical bills and other expenses. We have extensive experience with hit-and-run cases and are prepared to work with authorities and negotiate with insurance providers to get you the money and peace of mind you deserve. Contact us today to find out what a Roswell, GA hit-and-run lawyer from our team can do for you.
If a driver struck you and fled the scene in Roswell, you have legal options to recover compensation even if the other driver is never found. A hit-and-run accident leaves victims with injuries, vehicle damage, and unanswered questions about who will pay for their losses. At Butler Kahn, our Roswell personal injury law firm helps hit-and-run victims pursue claims against the fleeing driver when identified, or through their own uninsured motorist coverage when the driver escapes. We handle these cases on a contingency fee basis, meaning you pay nothing unless we recover money for you.
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Video: Hit-and-Run Accidents in Georgia
What Is the Georgia Law Regarding Hit-and-Run Accidents?
Georgia law requires every driver involved in an accident to stop at the scene, regardless of fault. Section 40-6-270 of the Georgia Code makes it illegal to leave the scene of any crash that causes injury or property damage. Drivers who violate this law face criminal penalties and civil liability for the harm they cause. When a driver flees after hitting someone in Roswell or anywhere in North Fulton County, the victim can pursue compensation through a personal injury claim or lawsuit.
Once all drivers involved in a crash have stopped, Georgia law requires them to exchange the following information:
Name
Address
Vehicle registration number
Driver’s license number (if asked by the other driver)
Additionally, drivers must render aid to anyone hurt in the crash by alerting the authorities and providing reasonable assistance to the injured party. A driver who fails to stop and provide this information commits a hit-and-run offense under Georgia law. If you were injured by a fleeing driver, our Roswell car accident lawyers can help you understand your legal options.
What Are the Top Reasons a Driver Would Leave the Scene of a Roswell Accident?
Hit-and-run accidents happen frequently on busy roads like GA 400, Holcomb Bridge Road, and Alpharetta Highway in the Roswell area. Drivers flee accident scenes for many reasons, most of which involve trying to avoid legal consequences. Understanding why drivers leave can help investigators track them down and hold them accountable for your injuries.
Some of the most common reasons drivers flee accident scenes in Georgia include:
The driver was impaired by drugs or alcohol
The driver was driving a stolen vehicle
The driver was transporting illegal drugs
The driver’s license was suspended or expired
The driver was driving without insurance
The driver did not want to be held liable for any injuries or property damage they caused
The driver is wanted by the authorities for a separate offense
The driver was using a company vehicle
The driver panicked and made a poor decision in the moment
Many hit-and-run accidents in Roswell involve drivers who were already breaking the law before the crash occurred. When police identify these drivers, the evidence of their other violations often strengthens the victim’s case. If the driver who hit you was driving drunk in Roswell, for example, you may be entitled to additional compensation through a punitive damages claim.
What Should I Do if I Am Involved in a Hit-and-Run Accident in Georgia?
The actions you take immediately after a hit-and-run accident directly affect your ability to recover compensation. When another driver flees the scene, you lose valuable seconds that could help identify them. Our guide on what to do after a Georgia car accident covers these steps in more detail, but here are the essential actions specific to hit-and-run crashes:
Get as much information as you can about the other driver and their vehicle – The more information you can give to police about the driver who hit you, the more likely it is that they will find them and that you can recover compensation from them. Try to note the other vehicle’s make, model, color, license plate number, any damage it sustained, and any other identifying characteristics. Write down anything you can remember about the driver’s appearance while your memory is fresh.
Do not attempt to chase down the other driver – Getting into a chase with the driver who fled will only put you and others around you at risk of a violent confrontation or accident. You are better off letting the police search for the other driver.
Call 911 – You need to make certain there is a record of the accident to improve your chances of recovering compensation. Without a police report to substantiate your case, your insurance company may not believe an accident occurred or that it happened in the way you described. Calling 911 will also put the police on the trail of the other driver.
Document the scene – Use your phone to take pictures of the damage to your vehicle, the general crash area, and any injuries you sustained. These pictures may be crucial evidence.
Talk to witnesses – Get contact information and statements from anyone at the scene who may have witnessed the accident because they may corroborate your side of the story and may have seen details you missed, such as a license plate number.
Seek medical treatment – Get yourself checked out by a medical professional to make sure you are treated for any injuries you may have sustained and to create documentary evidence of them. Hit-and-run accidents frequently cause traumatic brain injuries and other serious harm that may not be immediately apparent.
Contact a hit-and-run accident lawyer – If the other driver is found, a lawyer can help you file a claim against them or their insurer. If the other driver is never caught, an attorney can help you evaluate your options, including filing a claim with your uninsured motorist coverage.
What Are the Penalties for a Hit-and-Run Accident in Roswell?
Georgia imposes serious criminal penalties on drivers who flee accident scenes, and these penalties increase based on the severity of injuries involved. Understanding these penalties helps explain why so many hit-and-run drivers eventually face justice—the consequences of fleeing are often worse than the consequences of staying.
The penalties for fleeing the scene of an accident in Georgia depend on the extent of the injuries the other party suffered:
Accidents with minor injuries or property damage only: The fleeing driver can be charged with a misdemeanor. The penalties for a first-time misdemeanor hit-and-run conviction include a fine of up to $1,000 and a year in jail. Being found guilty of repeat hit-and-run infractions will cause the penalties to increase.
Accidents involving serious injuries or death: Leaving the scene becomes a felony. The penalties include up to five years in prison if convicted. In cases where the victim dies, prosecutors may pursue additional charges such as vehicular homicide, and our Roswell wrongful death lawyers can help surviving family members pursue a civil claim.
Beyond criminal penalties, hit-and-run drivers face civil liability for all damages they cause. When police identify the fleeing driver, victims can pursue compensation through the driver’s liability insurance or through a personal injury lawsuit.
What Sort of Damages Are Available for a Hit-and-Run Accident?
The compensation you can receive for a hit-and-run accident depends on whether the driver who hit you is found and what kind of insurance coverage is available. Georgia law allows accident victims to recover compensation for all losses caused by another driver’s negligence, and hit-and-run cases are no different once the responsible driver is identified.
If the other driver is caught by the police, you can file an insurance claim or personal injury lawsuit against them and demand compensation for:
Medical bills – All costs of treating your injuries, including emergency care, surgery, hospitalization, medication, physical therapy, and ongoing medical needs
Lost wages – Income you missed while recovering from your injuries
Diminished future earnings – Reduced earning capacity if your injuries prevent you from returning to your previous work
Pain and suffering – Physical pain and discomfort caused by your injuries
Mental anguish – Emotional distress, anxiety, depression, and psychological trauma from the accident
Damaged personal property – Repair or replacement costs for your vehicle and other property damaged in the crash
Loss of enjoyment of life – Compensation for activities and experiences you can no longer enjoy due to your injuries
The amount of compensation available depends on the severity of your injuries, the strength of the evidence, and the insurance coverage available. Our case results page shows examples of recoveries we have obtained for accident victims in Georgia.
How Does Uninsured Motorist Coverage Work in Hit-and-Run Cases?
If the other driver is never found, you may be able to recover compensation through your own uninsured motorist (UM) coverage. Georgia treats hit-and-run accidents the same as accidents involving uninsured drivers for insurance purposes. This means your UM policy can pay for your medical bills and lost wages up to the limits of your coverage, even when no one else can be held responsible.
Uninsured motorist coverage typically includes:
Medical expenses
Lost wages and loss of earning capacity
Pain and suffering
Other damages up to your policy limits
However, uninsured motorist coverage is not required in Georgia, so if you do not have it, you may have difficulty recovering compensation when the other driver cannot be found. Georgia law does require insurance companies to offer UM coverage to all policyholders, but many drivers decline it to save money on premiums.
Depending on the circumstances, you may also be able to claim compensation through:
MedPay coverage – A provision in your auto insurance policy that reimburses you for medical bills regardless of fault
Health insurance – Your personal health insurance policy can cover medical treatment, though you may need to reimburse the insurer if you later recover from the at-fault driver
Underinsured motorist coverage – If the other driver is found but has insufficient insurance to cover your damages
How Butler Kahn Handles Hit-and-Run Cases in Roswell
Butler Kahn takes a thorough, aggressive approach to hit-and-run cases because we understand how frustrating it is when a driver injures you and disappears. We work to identify fleeing drivers whenever possible, and we fight to maximize your recovery whether the claim is against the other driver or your own insurance company.
Our approach to hit-and-run cases includes:
Investigating the accident scene – We gather evidence from the crash location, including surveillance footage from nearby businesses, traffic cameras, and residential doorbell cameras that may have captured the fleeing vehicle.
Working with law enforcement – We coordinate with Roswell police and other agencies to share information that may help identify the other driver.
Analyzing all available evidence – We review debris patterns, paint transfer, vehicle damage, and witness statements to determine the type of vehicle involved.
Evaluating all insurance options – We review your policies to identify every source of potential compensation, including UM/UIM coverage, MedPay, and health insurance.
Negotiating with insurance companies – Whether dealing with the other driver’s insurer or your own, we push for full compensation and do not accept lowball offers.
Filing a lawsuit when necessary – If negotiations fail, we are prepared to take your case to trial to pursue the compensation you deserve.
We take fewer cases so we can give each client the attention their case deserves. When you work with Butler Kahn, you work directly with experienced trial lawyers who prepare every case as if it is going to court.
Is There a Time Limit for a Hit-and-Run Injury Lawsuit in Roswell, GA?
Yes. Georgia’s statute of limitations gives you two years from the date of an accident to file a personal injury lawsuit. Missing this deadline typically means losing your right to recover any compensation through the courts, regardless of how strong your case might be. This deadline applies whether you are suing the other driver or filing a claim under your own uninsured motorist coverage.
Certain circumstances can affect this deadline:
If the victim was a minor at the time of the accident, the statute of limitations may be extended
If the at-fault driver fled the state, the clock may pause while they are absent from Georgia
Wrongful death claims have different timing requirements
The two-year deadline makes it important to contact a lawyer as soon as possible after a hit-and-run accident. Evidence disappears, witnesses forget details, and surveillance footage gets deleted. The sooner we begin investigating, the better your chances of identifying the other driver and building a strong case.
Frequently Asked Questions About Hit-and-Run Accidents in Roswell
Can I still recover compensation if the hit-and-run driver is never found?
Yes. If you have uninsured motorist coverage on your auto insurance policy, you can file a claim with your own insurer for medical bills, lost wages, and pain and suffering up to your policy limits. Georgia treats unidentified hit-and-run drivers the same as uninsured drivers for coverage purposes.
What if I only got a partial license plate number?
A partial plate number is still valuable evidence. Police can run partial plate searches to identify potential matches, especially when combined with other information like the vehicle’s make, model, and color. Even a few characters can significantly narrow down the search.
How long do police investigate hit-and-run accidents?
Investigation timelines vary depending on the severity of the accident and available evidence. Roswell police prioritize cases involving serious injuries or fatalities. Even if the investigation goes cold, new evidence—such as tips or surveillance footage—can reopen cases months or years later.
Should I report a hit-and-run even if I was not injured?
Yes. Georgia law requires drivers involved in any accident causing property damage to report the incident. Filing a police report creates an official record that protects your right to file an insurance claim. Additionally, injuries from car accidents sometimes take hours or days to become apparent.
What if the hit-and-run driver had no insurance?
If police identify the driver but they have no liability insurance, your uninsured motorist coverage becomes your primary source of compensation. You may also be able to sue the driver personally, though collecting a judgment from an uninsured individual can be difficult.
Can I sue a hit-and-run driver for punitive damages?
Potentially yes. Georgia allows punitive damages in cases involving willful misconduct, fraud, or wantonness. Fleeing an accident scene, especially after causing serious injuries, may support a punitive damages claim depending on the circumstances. These damages are intended to punish the wrongdoer and deter similar conduct.
What if the hit-and-run happened in a parking lot?
Parking lot hit-and-runs follow the same legal rules as accidents on public roads. Many parking lots have surveillance cameras that may have recorded the incident. We work with property owners, businesses, and investigators to obtain this footage before it is overwritten.
How much does it cost to hire a hit-and-run accident lawyer?
Butler Kahn handles hit-and-run cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. We advance all costs of investigating and litigating your case. If there is no recovery, you owe us nothing.
What if I was a pedestrian hit by a fleeing driver?
Pedestrian hit-and-run victims have the same legal rights as vehicle occupants. If you have auto insurance, your uninsured motorist coverage may apply even though you were not in a vehicle at the time. Pedestrian accidents often cause severe injuries, making it even more important to identify the responsible driver.
Can nearby businesses be required to provide surveillance footage?
Businesses are not always required to provide footage voluntarily, but an attorney can issue subpoenas during litigation to compel production of relevant evidence. Acting quickly is important because many surveillance systems overwrite footage automatically after a short period.
What should I do if I witness a hit-and-run accident?
If you witness a hit-and-run, try to safely note the fleeing vehicle’s license plate, make, model, and color. Call 911 immediately and provide this information to the dispatcher. Check on the victim if it is safe to do so, and stay at the scene to provide a statement to police. Your account could be critical to identifying the responsible driver.
How does a hit-and-run affect my insurance rates?
Filing a claim under your uninsured motorist coverage after a hit-and-run should not increase your rates in the same way an at-fault accident would. Georgia law prohibits insurers from raising premiums based on claims where the policyholder was not at fault. However, policies vary, so review your coverage or contact your insurer for specifics.
Areas We Serve in North Fulton County
Butler Kahn’s Roswell office serves hit-and-run accident victims throughout North Fulton County and the surrounding communities. Our location on Canton Street provides convenient access for clients across the region. We handle cases involving accidents on GA 400, Holcomb Bridge Road, Alpharetta Highway, and other busy corridors where hit-and-run crashes frequently occur.
We represent clients in:
Roswell – Including Historic Roswell, Canton Street area, Holcomb Bridge corridor, Horseshoe Bend, Edenwilde, and Willow Springs
Alpharetta – Downtown Alpharetta, Windward Parkway, North Point area, and Avalon
Johns Creek – Medlock Bridge area, State Bridge Road corridor, and Johns Creek Town Center
Sandy Springs – Perimeter area, Roswell Road corridor, and Mount Vernon Highway
Milton – Birmingham Highway, Crabapple, and Deerfield area
Mountain Park – Lake Windward and surrounding neighborhoods
Woodstock – Downtown Woodstock, Towne Lake area, and Highway 92 corridor
East Cobb – Johnson Ferry Road, Shallowford Road, and Paper Mill area
Dunwoody – Perimeter Center, Mount Vernon area, and Georgetown
If you were injured in a hit-and-run anywhere in Fulton County, Cherokee County, Cobb County, or the greater Atlanta area, contact our office for a free consultation. We also maintain offices in Atlanta, Lawrenceville, and Jonesboro to serve clients throughout Georgia.
Contact a Roswell, GA Hit-and-Run Accident Lawyer Today
Hit-and-run accidents are infuriating. Someone injures you and then runs away, leaving you with medical bills, a damaged vehicle, and no answers. At Butler Kahn, we are prepared to do whatever we can to identify the responsible driver and get you the compensation you deserve. If the driver is never found, we will fight to maximize your recovery through your own insurance coverage.
Butler Kahn – Roswell Personal Injury Lawyers
1255 Canton St, Unit E
Roswell, GA 30075
Phone: (770) 766-1056
Our Roswell office is located on Canton Street near Big Creek Greenway and Roswell Area Park. Free parking is available on site. We serve clients throughout North Fulton County and the greater Atlanta area.
Contact Butler Kahn today by calling (770) 766-1056 or contacting us online for a free consultation. There is no fee unless we win your case.
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