What Is a Hit & Run Motorcycle Accident Case?

Victim of a motorcycle hit and run? Even when the at-fault driver flees, you may have options for compensation. Our attorneys pursue every avenue of recovery for hit-and-run motorcycle crash victims.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Hit & Run Motorcycle Accident Lawyers in Georgia & South Carolina

Being involved in a motorcycle accident is traumatic enough — but when the driver who caused the crash flees the scene, victims face an additional layer of fear, frustration, and uncertainty. Hit-and-run crashes are a serious and growing problem, and motorcyclists are particularly vulnerable because these crashes often leave them injured and unable to pursue the fleeing vehicle. The AAA Foundation for Traffic Safety reports that hit-and-run crashes kill more than 2,000 people annually and injure hundreds of thousands more.

At Roden Law, our motorcycle accident lawyers help hit-and-run victims identify every possible source of compensation — even when the at-fault driver is never found. We pursue insurance claims, assist with police investigations, and explore all legal options available under Georgia and South Carolina law.

Hit-and-Run Laws in Georgia and South Carolina

Both states impose serious criminal penalties on drivers who flee the scene of an accident involving injuries:

  • Georgia: Under O.C.G.A. § 40-6-270, leaving the scene of an accident involving injury or death is a felony, punishable by up to 5 years in prison and fines. Drivers must stop, provide identification, and render reasonable assistance.
  • South Carolina: Under S.C. Code § 56-5-1210, leaving the scene of an accident involving injury is a felony carrying up to 10 years in prison and fines up to $10,000. Fatality hit-and-runs carry up to 25 years.

Recovering Compensation After a Hit-and-Run

Even when the at-fault driver cannot be identified, hit-and-run motorcycle victims have several potential sources of compensation:

  • Uninsured Motorist (UM) coverage: This is the most important coverage for hit-and-run victims. Georgia requires insurers to offer UM coverage, and South Carolina requires it to be included in all auto policies unless rejected in writing. UM coverage steps in when the at-fault driver is unidentified or uninsured.
  • Underinsured Motorist (UIM) coverage: If the driver is later found but has minimal insurance, UIM coverage makes up the difference
  • Medical payments (MedPay) coverage: Available under your own auto policy regardless of fault, covering medical expenses up to policy limits
  • Health insurance: Your personal health insurance can cover medical bills, subject to subrogation rights
  • Crime victim compensation: Both Georgia and South Carolina have crime victim compensation programs that may help with certain expenses

Finding the At-Fault Driver

Our attorneys work alongside law enforcement to identify hit-and-run drivers through traffic camera and surveillance footage, nearby business security cameras, vehicle debris and paint transfer analysis, witness canvassing, and social media and community tips. When the driver is found, we pursue direct claims against their liability insurance in addition to any UM/UIM claims already filed.

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What to Do After A hit & run motorcycle accident

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Hit & Run Motorcycle Accident Case

To win a personal injury case involving a hit & run motorcycle accident, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Hit & Run Motorcycle Accident Cases

Victims of a hit & run motorcycle accident injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Hit & Run Motorcycle Accident Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

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Roden Law Hit & Run Motorcycle Accident Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated May 2026.

Recent Case Results

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Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Hit & Run Motorcycle Accident Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.