O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Any other provision of this article or any other law to the contrary notwithstanding, the driver of any vehicle involved in a traffic accident in which there is no personal injury or in which no second party and no property of a second party is involved shall not have the duty to stop or immediately report such accident, and no such driver shall be prosecuted for his failure to stop or immediately to report such accident. This Code section shall not abrogate or affect a driver’s duty to file any
written report which may be required by the local law enforcement agency.
History
(Ga. L. 1972, p. 819, § 1; Code 1981, § 40-6-275; Code 1981, § 40-6-274, as redesignated by Ga. L. 1990, p. 2048, § 5; Ga. L. 1994, p. 97, § 40.)
Annotations
JUDICIAL DECISIONS Cited in Lindsey v. Storey, 936 F.2d 554 (11th Cir. 1991). RESEARCH REFERENCES Am. Jur. 2d. - 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 184, 210, 383. ALR. - Duty toward travelers as regards condition of street or highway left as result of an accident therein, 81 A.L.R. 1004.
Constitutionality, construction, and effect of statutes in relation to conduct of driver of automobile after happening of accident, 101 A.L.R. 911.
Notes of Decisions
Navarro v. Atlanta Cas. Co., 552 S.E.2d 508 (Ga. Ct. App. 2001).
· cites it 4× “363, 364, § 1; OCGA § 40-6-274. The descriptive title to Ga.”
Thomason v. State, 396 S.E.2d 79 (Ga. Ct. App. 1990).
· cites it 2× “There is no reference in Count 5 to OCGA § 40-6-271 or to the requirements stated therein. OCGA § 40-9-30, which is referenced.”
Torok v. Yost, 389 S.E.2d 793 (Ga. Ct. App. 1989).
· cites it 4× “Yost contends that the questions whether property damage exceeded $250 and whether reasonable medical expenses exceeded the Georgia No-Fault threshold, are critical issues in the personal injury case; and that because of Torok's failure to comply with the code sections just…”
Lindsey v. Storey, 936 F.2d 554 (11th Cir. 1991).
“§ 40-6-274 (1982) (accidents with at least $250 in damage must be reported to police), but the attempted pay-off was a legitimate basis for Patrolman Storey’s suspicion that the occupants of Lindsey’s car might be involved in illegal activity.”
Jeffery Dewayne Herrington v. State (Ga. Ct. App. 2022).
· cites it 29× “Herrington requested a charge on OCGA § 40-6-274. That statute creates a broad exemption from criminal liability under the hit-and-run statute, OCGA § 40-6- 270, and from similar legal duties to stop and report an accident and from liabilities for failure to do so.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.