Earlier this month, an appellate court issued an interesting opinion in a Georgia car accident case involving one named defendant and an unnamed hit-and-run driver. The case required the court to interpret several statutes and determine if the plaintiff’s choice of venue was proper when neither the plaintiff nor the sole named defendant resided in the county where the case was filed. Ultimately, the court concluded that venue was proper because under Georgia law, a hit-and-run driver is assumed to reside in the county where the accident occurred.
The Facts of the Case
The plaintiffs were two passengers in a car that was being operated by a friend on a Georgia highway. At some point, an unnamed driver crossed into the plaintiffs’ lane, requiring the driver of the vehicle carrying the plaintiffs to slow down quickly. As the vehicle slowed, the defendant, who was traveling directly behind them, slammed into the rear of the vehicle.
The plaintiffs filed a personal injury lawsuit against both the unnamed hit-and-run driver as well as the driver who rear-ended them. The plaintiffs filed the case in the county where the accident occurred, which was not where the named defendant lived.