Charged with failing to report after leaving a crash to find a phone
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed May 2024
Legal Inquiry
Consumer Legal Issue
I swerved to miss a deer and hit a tree. I struck my head on the steering wheel and at some point got out of the car. Once I realized what had happened and reached a phone, I reported the accident. I am now charged with failing to report an accident.
Attorney Answer
The statute requires notice “immediately, by the quickest means of communication” — and what that meant in your circumstances is the question.
O.C.G.A. § 40-6-273 sets the duty:
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…
Two things follow from the wording. The duty is to give notice by the quickest means available, which is not the same as instantly and not the same as from the scene. And it is a single-vehicle collision with a tree, so whether the property damage reached the statutory threshold is itself a question rather than an assumption.
The circumstances you describe — a head strike on the steering wheel, a period during which you were not fully aware of what had happened, and no working phone — bear directly on what the quickest available means actually was. Reporting once you reached a phone may be exactly what the statute contemplates.
One caution. A head injury is a medical matter first. It should be assessed properly, and the record of that assessment is made for your health rather than for the case.
Because there is an active charge, how to respond to it is a matter for a lawyer holding the citation.
What you can do
1. Get medical attention for the head strike and make sure it is documented. 2. Get a copy of the charge and note the exact court and date. 3. Note when your phone failed and when you reached one that worked. 4. Photograph the vehicle and the tree — the extent of damage bears on the threshold. 5. Speak to a Georgia attorney before the court date.
⏱ Time limits apply. Georgia sets deadlines for every kind of claim and they are shorter than most people expect. Confirm the one that governs your situation with a Georgia attorney before assuming there is time.
A Georgia attorney can tell you quickly how the facts here line up, and most will look at a matter like this at no cost.
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Frequently Asked Questions
What does Georgia's accident reporting statute require?
O.C.G.A. § 40-6-273 requires the driver of a vehicle involved in an accident resulting in injury, death, or property damage to an apparent extent of $500.00 or more to give notice immediately, by the quickest means of communication.
Does the duty to report mean reporting from the scene?
The statute requires notice by the quickest means of communication. What that is depends on what was actually available at the time.
Does the reporting duty apply to a single-vehicle accident?
It applies where the accident results in injury, death, or property damage to an apparent extent of $500.00 or more. Whether that threshold is met is a question of fact.