When riders get out on their bikes on a summer evening, the expectation is that the ride will be safe and sound. Over this past weekend an accident took place in the early morning hours on the Downtown Connector involving two traveling on a Suzuki GSX. A car driven by an allegedly drunk driver attempted a lane change which resulted in a swipe or clip collision with the motorcycle. The female passenger riding on the back of the bike ended up on the roadway and was then allegedly run over by the car.
The car’s driver was tested for alcohol and was found to have nearly double the legal limit. That driver has been charged with several violations of Georgia law, including first degree homicide by vehicle, driving under the influence and other related violations. The bike’s driver left the scene when his passenger — who had been struck by the car — did not respond to him. She lost her life, apparently at the scene of the accident. There is no information on why he left the scene or what his condition was at the time, but he too has now been charged in the accident with various violations. He is reported to have sought medical treatment at Grady Memorial Hospital and he too was charged with some violations of Georgia law including first-degree homicide by vehicle and hit and run.
The circumstances of this crash involving the motorcycle and the car are a bit unusual. But the obligation of the bike’s driver to remain on the scene and attempt to get medical help for his passenger after this crash is the same duty that any other driver involved in an injury accident would have, even if the other vehicle was the cause of the initial collision. That is most likely why he has been charged with hit and run. He might have been completely innocent of any wrongdoing in the first instance, and the car’s driver might have been completely at fault, but his failure to remain on the scene and get emergency help for his non-responsive passenger is a violation of Georgia’s hit and run law found at Official Code of Georgia section 40-6-270. Any driver of a vehicle involved in an accident that involves injury or death, must comply with the law to remain on the scene and attempt to get help for the victim. Even if one driver is more culpable than the other for the initial crash, there is a duty to stay on scene and help those who cannot help themselves.
So if you or your passenger are injured while you are on your bike, remember that you must remain at the scene of the accident until help arrives and if you are able to get an injured person medical help, Georgia law requires that. If you or someone you know has been injured while riding in Georgia, Scholle Law is here to help in any way we can. We have represented riders for many years and have helped them recovery from accident and injury while riding their motorcycles. There is no charge for a consultation with our legal staff and there is absolutely no obligation for making a call for guidance.