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Georgia Hit and Run Laws: Penalties and What to Do

By Recording Law Editorial TeamReviewed September 24, 20269 min read
Georgia Hit and Run Laws: Penalties and What to Do

Georgia law under O.C.G.A. 40-6-270 requires drivers to stop, identify themselves, and render aid after any crash. Leaving without complying is a misdemeanor for property damage or non-serious injury, with fines up to $1,000 and up to 12 months in jail, or a felony carrying 1 to 5 years if serious injury or death results.

Hurt in a hit-and-run? If the driver who hit you fled or had no insurance, your own uninsured/underinsured-motorist (UM/UIM) coverage may pay your injury claim. Estimate what it could be worth with our free Georgia Car Accident Settlement Calculator.

Understanding Georgia Hit and Run Laws

Last verified: March 2026. This guide reflects O.C.G.A. Title 40, Chapter 6, Article 12, including the impact of Georgia's 2025 tort reform (Senate Bill 68).

Georgia law requires every driver involved in a crash to stop at the scene, provide identification, and assist anyone who is injured. Leaving the scene without fulfilling these duties is a criminal offense with penalties that range from misdemeanor fines to felony imprisonment depending on the severity of the injuries.

This guide covers the full range of Georgia hit and run penalties, your legal obligations, statute of limitations, insurance rules, and available defenses.

Georgia Hit and Run Penalty Structure

Georgia classifies hit and run offenses based on the type and severity of injury or damage caused by the crash.

Gloved hands holding a phone to photograph a dented rear bumper of a silver hatchback

Property Damage or Non-Serious Injury (O.C.G.A. 40-6-270(c))

Leaving the scene of a crash that results in vehicle damage or injuries that do not qualify as "serious" is a misdemeanor. Penalties escalate with repeat offenses within a five-year window.

First conviction:

  • Fine: $300 to $1,000 (cannot be suspended, stayed, or probated)
  • Jail: Up to 12 months
  • Points: 3 points on your driving record

Second conviction within five years:

  • Fine: $600 to $1,000
  • Jail: Up to 12 months

Third or subsequent conviction within five years:

  • Fine: $1,000
  • Jail: Up to 12 months

If paying the full fine would create an economic hardship, the judge may allow payment in installments through contempt proceedings or probation.

A misdemeanor conviction also triggers mandatory license suspension by the Department of Driver Services under O.C.G.A. 40-5-54 (see below).

Serious Injury or Death (O.C.G.A. 40-6-270(b))

Knowingly failing to stop and comply with legal duties after a crash that causes serious injury or death is a felony.

  • Prison: 1 to 5 years
  • License suspension: Mandatory, determined by the Department of Driver Services
  • Felony record: Permanent unless sealed or expunged

"Serious injury" under Georgia law generally means injuries creating a substantial risk of death, serious disfigurement, or protracted impairment of a bodily function. The distinction between "injury" and "serious injury" can significantly affect whether a case is charged as a misdemeanor or felony.

Striking an Unattended Vehicle (O.C.G.A. 40-6-271)

Hitting a parked or unattended vehicle and leaving without proper notice is a misdemeanor.

  • Fine: Standard misdemeanor penalties apply
  • Points: 3 points on your driving record
  • Duty: You must either locate the owner or leave a written note with your name, address, and contact information in a visible location on the vehicle

If a driver causes a crash and flees, prosecutors may pursue additional charges:

  • Vehicular homicide in the first degree (O.C.G.A. 40-6-393(b)): If the driver caused the accident that resulted in death and left the scene, they face 3 to 15 years imprisonment.
  • Serious injury by vehicle (O.C.G.A. 40-6-394): Causing serious bodily harm and leaving the scene is a felony carrying 1 to 10 years.
  • DUI causing death or serious injury: Additional felony charges if the driver was impaired.
  • Fleeing or attempting to elude police (O.C.G.A. 40-6-395): A separate charge if the driver ignores an officer's signal to stop. It is a high and aggravated misdemeanor on its own, and becomes a felony carrying 1 to 5 years if, while fleeing, the driver strikes another vehicle or a pedestrian, drives more than 20 mph over the speed limit, flees in traffic that puts the public at risk of serious injury, drives under the influence, or leaves the state.

Under O.C.G.A. 40-6-270, every driver involved in a crash must take the following steps.

Stop immediately. Pull over at the scene or as close as possible without creating additional traffic hazards.

Remain at the scene. Stay until you have fulfilled all legal requirements or until law enforcement clears you to leave.

Provide your information. Give the other driver, property owner, or law enforcement officer your name, address, and vehicle registration number. Show your driver's license upon request.

Render reasonable assistance. Help anyone who is injured. This includes calling 911 and arranging transportation to a hospital if the person is visibly hurt, unconscious, or unable to communicate.

Call law enforcement. If the victim appears deceased, unconscious, or unable to speak, call emergency services immediately.

If You Hit an Unattended Vehicle

Under O.C.G.A. 40-6-271, if you collide with a parked or unattended vehicle:

  1. Stop immediately.
  2. Try to locate the vehicle's owner or operator.
  3. If you cannot find them, leave a written notice in a conspicuous place on the struck vehicle containing your name, address, and contact information.
  4. Report the incident to the nearest police station.

Mandatory License Suspension (O.C.G.A. 40-5-54)

Georgia requires the Department of Driver Services to suspend your license upon conviction of certain driving offenses, whether charged as a misdemeanor or a felony. These include:

  • Any hit and run or leaving the scene conviction under O.C.G.A. 40-6-270, including the misdemeanor offense for property damage or non-serious injury
  • Vehicular homicide
  • Any felony in which a motor vehicle is used
  • Racing on highways
  • Fleeing or attempting to elude police

The sentencing judge gives notice of the suspension at the time of conviction. The court forwards your license to the Department of Driver Services within 10 days. The department then determines the length of the suspension based on the offense and your driving history.

Drivers Under 21

Young drivers face additional consequences. Under Georgia law, a driver under 21 convicted of hit and run or leaving the scene of a crash receives:

  • First offense: 6-month license suspension
  • Second or subsequent offense: 12-month license suspension

Statute of Limitations

Filing deadlines apply to both criminal prosecution and civil lawsuits.

Civil Claims

  • Personal injury: 2 years from the date of the accident
  • Property damage: 4 years from the date of the accident
  • Wrongful death: 2 years from the date of death
  • Minor victims: The countdown begins when the victim turns 18

The discovery rule may extend these deadlines if the hit and run driver is identified after the original filing period has passed. However, you should not rely on this exception without consulting an attorney.

Criminal Prosecution

  • Misdemeanor offenses: 2 years
  • Felony offenses (serious injury or death): 4 years
  • Vehicular homicide: No statute of limitations for murder charges; 4 years for vehicular homicide

Insurance Rules in Georgia

Georgia is an at-fault insurance state. The person who caused the crash is financially responsible for the damages.

Minimum liability coverage required:

  • $25,000 per person for bodily injury
  • $50,000 per accident for bodily injury
  • $25,000 per accident for property damage

Modified comparative negligence. Georgia follows a modified comparative negligence rule. Your damages are reduced by your percentage of fault. If you are 50% or more at fault, you are barred from recovering any compensation.

Uninsured motorist coverage. Georgia does not require UM coverage, but insurers must offer it. If a hit and run driver is never identified, UM coverage is your primary path to compensation. When that is your situation, ask a Georgia car accident lawyer for a free claim review of the UM claim under your own policy (attorney advertising).

SB 68 impact (2025). Georgia's tort reform legislation (Senate Bill 68), signed April 2025, introduced several changes affecting civil claims from car accidents. Seatbelt nonuse is now admissible as evidence of comparative negligence. Trial bifurcation (splitting liability and damages into separate phases) is now available. These changes may affect how hit and run civil claims are litigated.

Juvenile Offenders

Minors face serious consequences for hit and run in Georgia.

  • Less serious offenses are typically processed through the juvenile court system.
  • Felony-level offenses (such as hit and run causing death or serious injury) may result in the juvenile being tried as an adult, facing adult sentencing including prison time.

If a minor under your care is involved in a hit and run, contact a defense attorney immediately and report the incident to law enforcement.

Common Defenses to Hit and Run Charges

Every case has unique facts. Common legal defenses include:

  • Lack of knowledge: You did not know you were involved in an accident. This can apply in low-speed collisions or situations where the other vehicle made no visible contact.
  • Involuntary departure: You did not leave the scene voluntarily (for example, you were forced to leave by another person).
  • Safety concerns: You left because the other party acted aggressively or you feared for your physical safety.
  • No injury or damage: The collision did not actually result in injury or property damage.
  • Not the driver: Someone else was operating your vehicle at the time of the crash.
  • Medical emergency: You left the scene to seek urgent medical care for yourself or a passenger.
  • Compliance: You fulfilled all legal requirements (stopping, providing information, rendering aid) before leaving.

Important: Prosecutors can use police records and surveillance footage to establish fault. Do not admit fault at the scene. Provide your information as required by law, but wait to discuss the details of the crash with an attorney.

Georgia Traffic Crash Statistics

According to IIHS and NHTSA data for 2023:

  • Total traffic deaths: 1,615
  • Death rate: 14.6 per 100,000 population
  • Deaths per 100 million vehicle miles: 1.28
  • Pedestrian deaths: 310 (19%)
  • Motorcyclist deaths: 196 (12%)
  • Bicyclist deaths: 23 (1%)
  • Urban crashes: 65% of fatalities
  • Rural crashes: 35% of fatalities

Georgia's relatively high pedestrian death rate highlights the importance of stopping after any crash involving a person on foot. Failing to render aid in a pedestrian crash often leads to felony charges.

More Georgia Laws

Frequently Asked Questions

What should I do if someone hits my car and drives off in Georgia?

Call 911 immediately. Write down as much information as you can about the fleeing vehicle: make, model, color, license plate number, and a description of the driver. Collect contact information from any witnesses. Do not chase the fleeing driver. Take photos of the damage to your vehicle and the surrounding area. File a police report and contact your insurance company as soon as possible.

What happens if I plead no contest to a hit and run in Georgia?

A plea of nolo contendere (no contest) is treated the same as a guilty plea in Georgia for purposes of sentencing and license suspension. You will face the same penalties, including fines, jail time, and license suspension. The only difference is that a nolo plea generally cannot be used as an admission of liability in a separate civil lawsuit.

How long will my license be suspended for a felony hit and run?

The Department of Driver Services determines the suspension period based on the specific offense and your driving history. The court does not set the exact duration. For felony hit and run involving serious injury or death, suspension periods are typically lengthy. Drivers under 21 receive a minimum 6-month suspension for a first offense and 12 months for subsequent offenses.

Can I avoid jail time for a hit and run in Georgia?

For misdemeanor offenses involving only property damage or minor injury, judges have discretion in sentencing and may impose fines, probation, or community service instead of jail. For felony hit and run involving serious injury or death, the statute mandates imprisonment of 1 to 5 years. An experienced defense attorney may negotiate reduced charges in some circumstances.

Does Georgia's 2025 tort reform (SB 68) affect hit and run cases?

SB 68 primarily affects civil litigation, not criminal penalties. Key changes include allowing seatbelt nonuse as evidence of comparative negligence and permitting trial bifurcation. If you file a civil lawsuit against a hit and run driver, these reforms may affect how your damages are calculated and how fault is apportioned. The criminal penalties under O.C.G.A. 40-6-270 remain unchanged.

Updates

Corrected the fleeing-or-eluding description (a misdemeanor unless aggravating factors make it a felony) and clarified that any Georgia hit and run conviction, including a misdemeanor, triggers mandatory license suspension.

Corrected the vehicular-homicide citation for leaving the scene of a fatal accident from O.C.G.A. 40-6-393(a) (which covers DUI/reckless-driving/eluding-police predicates, not leaving the scene) to subsection (b), the actual leaving-the-scene offense. The stated 3-to-15-year penalty range was already correct.

Governing law re-checked for recent changes

Sources and References

  1. O.C.G.A. 40-6-270: Hit and Run; Duty of Driver to Stop (2024)(law.justia.com)
  2. O.C.G.A. 40-6-271: Duty Upon Striking Unattended Vehicle (2024)(law.justia.com)
  3. Georgia DDS: Points Schedule(dds.georgia.gov).gov
  4. Georgia DDS: TADRA Chapter 1 - License Suspension(dds.georgia.gov).gov
  5. Georgia DDS: Rule 375-3-3-.01 Penalties for Violations(dds.georgia.gov).gov
  6. Georgia Senate Bill 68 (2025): Tort Reform(legiscan.com)
  7. NHTSA Traffic Safety Data(nhtsa.gov).gov
  8. IIHS Highway Safety Data(iihs.org)
  9. O.C.G.A. 40-6-395: Fleeing or Attempting to Elude a Police Officer(law.justia.com)
  10. O.C.G.A. 40-5-54: Mandatory License Suspension Upon Conviction(law.justia.com)
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