GA Code § 40-6-270 (2021)
2021 Georgia Code|Title 40 - Motor Vehicles and Traffic|Chapter 6 - Uniform Rules of the Road|Article 12 - Accidents|§ 40-6-270. Hit and Run; Duty of Driver to Stop at or Return to Scene of Accident

  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:   Give his or her name and address and the registration number of the vehicle he or she is driving;   Upon request and if it is available, exhibit his or her operator's license to the person struck or the driver or occupant of or person attending any vehicle collided with;   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   Where a person injured in such accident is unconscious, appears deceased, or is otherwise unable to communicate, make every reasonable effort to ensure that emergency medical services and local law enforcement are contacted for the purpose of reporting the accident and making a request for assistance.  The driver shall in every event remain at the scene of the accident until fulfilling the requirements of this subsection. Every such stop shall be made without obstructing traffic more than is necessary.      If such accident is the proximate cause of death or a serious injury, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.     If such accident is the proximate cause of an injury other than a serious injury or if such accident resulted in damage to a vehicle which is driven or attended by any person, any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor and:   Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both;   Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and   Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions.     For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction.   If the payment of the fine required under this subsection will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section.     Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section.    (Ga. L. 1953, Nov.-Dec. Sess., p. 556, §§ 40, 41; Ga. L. 1985, p. 758, § 16; Ga. L. 1987, p. 3, § 40; Ga. L. 1988, p. 1499, § 1; Ga. L. 1988, p. 1893, § 6; Ga. L. 1989, p. 14, § 40; Ga. L. 1990, p. 8, § 40; Ga. L. 1990, p. 2048, § 5; Ga. L. 1991, p. 1608, § 2.1; Ga. L. 2008, p. 1164, § 1/SB 529.)   Cross references.   - Suspension of driver's license for conviction for failure to stop and render aid, § 40-5-54.   Editor's notes.   - Ga. L. 1991, p. 1608, § 3.1, not codified by the General Assembly, provides that subsection (b) and paragraph (c)(1) are applicable to policies of motor vehicle insurance issued, issued for delivery, delivered, or renewed on and after October 1, 1991.   Ga. L. 2008, p. 1164, § 6/SB 529, not codified by the General Assembly, provides that the amendment to this Code section shall apply to all offenses committed on or after July 1, 2008.   Law reviews.   - For annual survey on criminal law and procedure, see 44 Mercer L. Rev. 165 (1992). For note discussing relief from civil liability in legislation concerning emergency aid to accident victims, see 25 Ga. B.J. 90 (1962). For note on the 1991 amendment of this Code section, see 8 Ga. St. U.L. Rev. 99 (1992).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Practice and Procedure   Application   Jury Instructions    OPINIONS OF THE ATTORNEY GENERAL   Duty to stop not extended to trains and crews.   - Requirement to stop at the scene of a motor vehicle incident does not extend to railroad trains and their operating crews. 1970 Op. Att'y Gen. No. 70-32.    Effect of § 51-1-29. - Ga. L. 1962, p. 534, § 1 (see now O.C.G.A. § 51-1-29) apparently relieves one not at fault but involved in an automobile accident from liability because one is required under Ga. L. 1953, Nov.-Dec. Sess., p. 556, §§ 40 and 41 (see now O.C.G.A. § 40-6-270) to render aid and provide transportation to a hospital, even though the person believes that the person is not competent to undertake such responsibility. 1967 Op. Att'y Gen. No. 67-333.   RESEARCH REFERENCES   Am. Jur. 2d.   - 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 326, 327 et seq.   Identification of Hit-And-Run Vehicle and Driver, 60 POF3d 91.   C.J.S.   - 60 C.J.S., Motor Vehicles, § 46. 61A C.J.S., Motor Vehicles, §§ 1692 et seq., 1695.   ALR.    - Liability for injuries due to collision between street car and automobile at street intersection, 28 A.L.R. 217; 46 A.L.R. 1000.    Constitutionality, construction, and effect of statute in relation to conduct of driver of automobile after happening of an accident, 66 A.L.R. 1228; 101 A.L.R. 911.    Liability for injury to pedestrian struck by automobile while walking along street or highway, 67 A.L.R. 96; 93 A.L.R. 551.    Duty toward travelers as regards condition of street or highway left as result of an accident therein, 81 A.L.R. 1004.   Violation of statute requiring one involved in an accident to stop and render aid as affecting civil liability, 80 A.L.R.2d 299.   Construction and application of "amnesty" provision whereby automobile driver leaving scene of accident may report to police within stated time without risk of use of his report against him, 36 A.L.R.4th 907.   Sufficiency of showing of driver's involvement in motor vehicle accident to support prosecution for failure to stop, furnish identification, or render aid, 82 A.L.R.4th 232.   Necessity and sufficiency of showing, in criminal prosecution under "hit-and-run" statute, accused's knowledge of accident, injury, or damage, 26 A.L.R.5th 1.   Uninsured motorist indorsement: construction and application of requirement that there be "physical contact" with unidentified or hit-and-run vehicle; "miss-and-run" cases, 77 A.L.R.5th 319.   Uninsured motorist indorsement: general issues regarding requirement that there be "physical contact" with unidentified or hit-and-run vehicle, 78 A.L.R.5th 341.   Uninsured motorist indorsement: construction and application of requirement that there be "physical contact" with unidentified or hit-and-run vehicle; "hit-and-run" cases, 79 A.L.R.5th 289.