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Car accidents are unexpected, stressful, and potentially life-changing. Whether it’s a minor fender-bender or a serious collision, knowing exactly what to do—and what Georgia law requires—can help you protect your health, your legal rights, and your future claim for damages. This comprehensive guide covers the critical steps to take after a car accident in Georgia, along with the specific O.C.G.A. (Official Code of Georgia Annotated) statutes that apply.
O.C.G.A. § 40-6-273 requires drivers to report accidents that result in injury, death, or property damage exceeding $500. That means you must call 911 even if the crash seems minor. The responding officer will create an official accident report, which will become a vital piece of evidence for your case.
Police reports help establish fault and document conditions at the scene.
Failing to report an accident can result in misdemeanor charges and compromise your claim.
Under O.C.G.A. § 40-6-275, Georgia law requires drivers to move their vehicles out of the roadway after a crash—if they can be moved safely and without causing further injury. This is meant to prevent secondary accidents and keep traffic flowing.
If your vehicle cannot be moved, stay inside with your seatbelt fastened, turn on your hazard lights, and wait for emergency personnel.
Georgia’s “Duty in Accident” law, O.C.G.A. § 40-6-270, lays out very clear requirements for drivers:
Provide your name, address, and vehicle registration number
Show your driver’s license, if requested
Share your insurance company and policy number
Render aid to anyone injured by calling for medical help
Failure to do so could result in hit-and-run charges, even if you were not at fault for the crash. Remain at the scene until the police arrive and the information exchange is complete.
Although not required by statute, gathering your own evidence is strongly recommended and often critical for your personal injury claim. Immediately after the accident, use your smartphone to record:
Photos of all vehicles, license plates, and visible damage
Road conditions, weather, skid marks, signage, and traffic signals
Witness names, phone numbers, and brief statements
Injuries to yourself or passengers (if safe and appropriate)
Time and date stamps
Request the name and badge number of the responding officer and ask when and where the report will be available.
Injuries like whiplash, soft-tissue trauma, and concussions may not appear for hours or days. Georgia law does not mandate immediate treatment, but prompt medical care is essential if you plan to pursue an injury claim.
Medical records provide the objective proof necessary to tie your injuries to the accident. Gaps in treatment may be used by insurance companies to deny or minimize your claim.
Common injuries include:
Neck and back injuries
Traumatic brain injuries (TBI)
Internal bleeding
Broken bones and fractures
Tip: Keep a copy of all medical bills, imaging results, and treatment summaries. These will help support your case for damages.
Georgia law (O.C.G.A. § 33-3-28) requires insurers to provide proof of financial responsibility (liability coverage), and most policies contain a prompt-notification clause. Failing to report an accident in a timely manner could result in a denial of coverage.
When speaking to your insurance company:
Provide basic facts only
Do not admit fault
Don’t speculate about injuries
Decline to give a recorded statement until you’ve spoken with an attorney
Also, do not speak to the other driver’s insurance adjuster without legal representation. Their job is to limit the amount they pay—not to protect your interests.
Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33. This statute plays a central role in determining who is eligible to recover compensation.
You can recover damages if you are less than 50% at fault.
Your total recovery is reduced by your percentage of fault.
Example:
If a jury finds you were 20% at fault and your damages total $100,000, you can still recover $80,000. However, if you are found 50% or more at fault, you will be barred from any recovery.
This makes evidence, police reports, witness statements, and medical records critical to any personal injury claim in Georgia.
Car accident cases in Georgia can quickly become complex. Insurance companies often dispute fault, minimize injuries, or delay payment. Having an experienced personal injury attorney on your side levels the playing field.
At Kevin Patrick Law, we help clients:
Investigate the accident scene and gather supporting evidence
Navigate communications with insurers
Coordinate medical care and manage bills
Calculate full damages (medical expenses, lost wages, pain and suffering)
File lawsuits and represent clients in court, if needed
We understand Georgia’s legal landscape—and how to apply it strategically to maximize compensation for our clients.
Accidents are chaotic. Having a printed checklist can help you stay focused under stress. Include:
Emergency contacts
Insurance policy number
Step-by-step list (911, photos, info exchange, etc.)
Space to write the other driver’s info
Space to record the police report number
Want a free printable accident checklist? Contact Kevin Patrick Law and we’ll send you one!
Being involved in a car accident is difficult, but understanding your rights and responsibilities under Georgia law can make the process less overwhelming. From calling 911 to understanding comparative fault, these steps—and the supporting statutes—can make a major difference in your recovery and case outcome.
If you’ve been hurt in a crash, don’t go it alone. Let a trusted Georgia car accident attorney guide you every step of the way.
Injured in a car accident in Georgia? Call (404) 566-5880 or visit patricktriallaw.com for a free consultation. We’re here to help you move forward with confidence.
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