A pedestrian you hit walked away: what Georgia law still asks of the driver

Attorney Answer

If you were the driver, the pedestrian walking off did not end your duties. Georgia required you to stop, give your name, address and registration number, offer reasonable help, and report a crash with an injury to the police at once. If those things did not all happen, talk to a criminal defense lawyer before you speak to the police about it. Either way, the pedestrian has two years to bring a claim, however they seemed at the scene.

What the law requires at the scene. O.C.G.A. § 40-6-270(a) applies to a crash resulting in injury to any person:

(a) 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;

(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

Reporting to the police. O.C.G.A. § 40-6-273:

The driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage to an apparent extent of $500.00 or more shall immediately, by the quickest means of communication, give notice of such accident to the local police department if such accident occurs within a municipality. If such accident occurs outside a municipality, such notice shall be given to the office of the county sheriff or to the nearest office of the state patrol.

The duty does not depend on whether the pedestrian stayed.

If the duties were not met. Knowingly failing to stop and comply after a crash that caused a lesser injury is a misdemeanor, and after a serious injury a felony, under O.C.G.A. § 40-6-270(b) and (c).

The pedestrian's claim. A pedestrian who walked away can still claim for injuries that show up later. O.C.G.A. § 9-3-33 gives two years:

Except as otherwise provided in this article, actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.

What you can do

1. If you were the driver and did not report the crash to the police, talk to a Georgia criminal defense lawyer before you do anything else.

2. Report the accident to your insurer, as your policy requires; ask your lawyer how first if the police have not been told.

3. Keep any photos, dashcam footage and the names of anyone who saw it.

4. Do not contact the pedestrian about the crash on your own.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Georgia attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. The report to the police under O.C.G.A. § 40-6-273 is due immediately. The pedestrian has two years to sue for injuries under O.C.G.A. § 9-3-33.