Two Georgia residents found out recently that it is unwise to underestimate the public’s willingness to help fight crime or the ability of law enforcement to uncover the facts. After a fatal motorcycle accident on I-75 last month, two are now charged with the hit and run portion of the accident. In my experience as a Gwinnett County motorcycle accident lawyer and having represented many riders and their families, this case is particularly disturbing.
On August 20, a Norcross resident was riding his bike near Windy Hill Road. He was in the southbound lanes of I-75 when a car struck him and then drove away. After he had already been struck, a second car hit him again. That driver obeyed Georgia law and remained at the scene where the motorcyclist died.
The second driver was able to tell the police that a silver Porsche had originally hit the motorcycle. The second car’s driver will not be charged. Evidence from the first car was collected at the scene.
The Cobb County police had been looking for the hit and run driver for ten days according to the Atlanta Journal-Constitution. The AJC reports that an observant body shop worker at a business in Alabaster found the situation with a vehicle in the shop suspicious and began to research on the web. The body shop worked learned that a silver Porsche had been involved in a hit and run and alerted police.
The two that had been in the uninsured Porsche and have now been arrested are alleged to have taken the Porsche to the body shop and ensured that the paper work was falsified to state that the work on the car was done prior to the date of the fatal accident.
The two had also wanted evidence destroyed and sought to have the car painted – a totally different color. Apparently, it was an observant person at the body shop who tipped police to the situation. The evidence from the Porsche that had been collected at the scene of the fatal motorcycle accident was a match with the suspects’ vehicle.
The two arrested suspects, who were placed in the Cobb County jail and are being held without bond, are charged with several Georgia crimes. These include the crime of second-degree vehicular homicide, the crime of hit and run and the crime of tampering with evidence, among others.
Sometimes drivers think that when they hit another vehicle and cause minor damage they can get away with driving off. That is a hit and run.
We should all find it shocking and abhorrent that when a driver hits a motorcyclist, a pedestrian or any vehicle on the road and leaves, it is absolutely in violation of Georgia Motor Vehicle and Traffic Code section 40-6-270. This provision requires drivers who have been involved in an accident that results in either injury or death or damage to immediately stop and not only provide information of insurance and identity, including registration and if asked, one’s license, but must also make a reasonable attempt to get medical assistance for the injured person or persons. In addition depending on the severity of the situation and if the injured persons are unconscious or appears to be deceased, the driver must by law seek emergency medical attention or contact law enforcement.
Georgia law requires drivers to “in every event remain at the scene of the accident until fulfilling” these requirements. Failure to do this where there is serious injury or death is a felony and can result in a sentence of one to five years in prison.
If you or a loved one has been injured or has suffered a fatality in a motorcycle crash, we have the expertise and experience in motorcycle injury cases to help you recover. Please contact our Duluth and Atlanta metro area injury law firm for a free consultation. As a highly-respected motorcycle injury and wrongful death attorney, Charles Scholle has the expertise to help guide you and your family.