If a driver hits a pedestrian in Georgia and leaves, it is a crime, and it can also create a civil claim for the injured pedestrian. You can still recover compensation even if the at-fault driver is not identified. Start by reporting the crash, getting medical care, and preserving evidence. Coverage options can include the fleeing driver’s liability insurance if found, your own uninsured motorist coverage, and other potential sources. Our firm handles these cases for injured people in Augusta and throughout Georgia.
They made everything easy for me! Even when I lost faith in the car accident where a drunk driver hit me, they helped me through every process. They were quick as they could be and made everything easier for me while being in the process of my move to Japan for the Navy, full time student, and planning my own wedding. I appreciated the help. Thank you!”
- Julissa Evans
I had the pleasure of allowing Mr. Leland Malchow to represent my case and I would recommend 10star rating if possible. Not only was Mr. Leland very professional and knowledgeable, he also took the time to listen to my frustrations about my situation. He offered a listening ear, as well as some kind motivational advice. Our relationship has been through business only but I would extend a hand to him and the law firm from here on out. Thank you all and God Bless."
- Chris Rowland
Chris Johnson is an exceptional attorney for car wreck cases. His expertise, clear communication, thorough preparation, and effective negotiation skills led to a favorable outcome. With compassion and support, he guided me through the process, making him highly recommended for anyone in need of a skilled legal advocate."
- Jayko Robinett
What the Law Requires of Drivers After a Pedestrian Crash
Georgia law requires any driver involved in a crash that causes injury, death, or damage to an occupied vehicle to stop, give identifying information, and render reasonable aid. Leaving the scene is a separate criminal offense often called hit and run. That criminal case is handled by the state. Your injury claim is a separate civil matter that can move forward whether or not charges are filed or a conviction occurs.
Quick Steps After a Hit-and-Run Pedestrian Crash
• Call 911 for police and EMS. Share any details about the vehicle, driver, or direction of travel.
• Get medical care right away. Adrenaline can mask serious injuries. Follow through with treatment.
• Save details while they are fresh. Note time, location, weather, lighting, and what you were doing. Photograph your injuries, the scene, debris, skid marks, glass, and any nearby cameras.
• Ask witnesses for names, contact details, and any phone video.
• Write down partial plates, colors, bumper stickers, rideshare emblems, or damage you noticed.
• Avoid recorded statements before you understand your rights. Contact a pedestrian injury lawyer to protect your claim.
How Your Civil Claim Works When the Driver Leaves
You can bring a civil claim for your injuries. In many cases there are multiple routes to compensation:
• The at-fault driver’s liability insurance if the driver is identified later. Police work, nearby camera footage, and witness tips often lead to an arrest days or weeks after the crash.
• Your uninsured or underinsured motorist coverage. UM coverage on your auto policy can apply even when you were walking, and even if the driver is never found. Household policies at your address may also apply.
• MedPay coverage on your policy, if you have it, to help with early medical bills regardless of fault.
• Third parties who contributed to the crash, such as a negligent employer if the driver was on the job, or a bar that overserved a visibly impaired driver when supported by the facts and Georgia law.
Leland Malchow
Attorney - Partner
Chris Johnson
Attorney - Partner
Dane Anderson
Associate Attorney
Bailey Marshall
Associate Attorney
What Damages You Can Seek
You can pursue compensation for:
• Medical expenses and future care needs
• Lost income and reduced earning capacity
• Pain, limitations, and loss of normal life
• Scarring or permanent impairment
• Property damage, such as broken glasses or a phone
• In certain cases, punitive damages when the conduct shows willful misconduct or conscious indifference, as permitted by Georgia law
Evidence That Helps Prove Your Case
• Police report and any follow-up investigator notes
• Scene photos, doorbell or business security video, and dashcam clips
• Medical records tied closely to the date of injury
• Witness statements and 911 audio
• Auto repair data if the involved vehicle is found
• Cell phone records or telematics when available through formal discovery
Time helps cases, delay helps insurers
What If the Driver Is Never Found
You can still pursue your claim through UM coverage. Your insurer steps into the shoes of the at-fault driver for purposes of paying covered losses. The claim still requires proof of fault and damages. Statements to your insurer matter, because they can be used to challenge liability or limit payment. A lawyer can coordinate the investigation and communications so you can focus on healing.
Common Defenses You May Hear
• You were outside a crosswalk or crossing against the signal
• Visibility was poor and a reasonably careful driver could not have avoided the collision
• Your injuries are not related to the crash or are less serious than claimed
Georgia follows comparative fault. Even if an insurer argues you share some responsibility, you can still recover as long as your share of fault is not more than the driver’s. The right preparation reduces the impact of these defenses.
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Frequently Asked Questions
Is leaving the scene always a felony in Georgia?
Penalties depend on the harm caused. Leaving after a crash that injures or kills a person is treated more seriously than a minor property-damage collision. The criminal outcome does not control your civil injury claim.
Can I use my auto insurance even though I was walking?
Yes, UM and MedPay can apply when you are a pedestrian. Many clients do not realize they have this protection until we review their policy.
What if I was hit by a rideshare driver who left?
Rideshare cases involve multiple insurance layers. Coverage can depend on whether the app was on and whether a ride was in progress. These claims need fast evidence preservation, including app data and dashcam video.
How Long Do I Have to File?
Georgia has strict deadlines. Some claims have earlier notice requirements, including claims involving government entities or certain insurance coverages. Speak with a lawyer as soon as possible so important timelines are not missed.
How Our Firm Helps
• We coordinate with law enforcement and canvass for video before it is overwritten.
• We identify all insurance that may apply, including household UM coverage.
• We build the medical proof of your injuries with clear documentation and expert support when needed.
• We negotiate with insurance carriers and file suit when a fair result is not offered.
• We represent injured people in personal injury matters throughout Georgia and South Carolina.
Learn more about related topics on our site:
• Hit-and-Run Pedestrian Accidents
• Georgia Pedestrian Accident Laws
• Uninsured Motorist Coverage in Georgia
• Contact Us
If a driver hit you and left, you deserve answers and a clear plan. Speak with a Georgia pedestrian injury lawyer who handles hit-and-run cases every day. Call or send a message through our contact page to schedule a consultation today.
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