Section 52-7-14 - Accident, collision, or other casualty; salvage rights(a)Duty to render assistance and identify vessel and self.(1) The operator of any vessel involved in an accident, collision, or other casualty shall immediately stop such vessel at the scene of the accident, collision, or other casualty or shall stop as close thereto as possible and forthwith return to the scene and shall:(A) Give his or her name and address and the registration of the vessel he or she is operating to the person struck, the operator or passenger of the vessel collided with, or any person attending to the vessel struck;(B) Upon request and if it is available, exhibit his or her driver's license or government issued identification to the person struck, the operator or passenger of the vessel collided with, or any person attending to the vessel struck;(C) Render to any person injured in accident, collision, or other casualty reasonable assistance, so far as he or she can do so without serious danger to his or her own vessel, crew, and passengers, including the transporting, or the making of arrangements for the transporting, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person; and(D) When a person involved in such accident, collision, or other casualty is unconscious, appears deceased, is otherwise unable to communicate, or has disappeared, immediately notify emergency medical services and local law enforcement of the accident, collision, or other casualty and give his or her name and address and the registration of the vessel he or she is operating for the purpose of reporting the accident, collision, or other casualty and making a request for assistance.(2) The vessel operator shall, in every event, shall remain at the scene of the accident, collision, or other casualty until fulfilling the requirements of this subsection; provided, however, that when the operator is unable to notify emergency medical services or local law enforcement from the scene, the operator shall be authorized to leave the scene in order to make such notification after fulfilling the other requirements of this subsection.(3) When an accident, collision, or other casualty is the proximate cause of death, disappearance, or injury that requires medical treatment, any person who knowingly fails to stop and comply with the requirements of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less that one nor more than five years.(b)Good Samaritan clause. Any person complying with subsection (a) of this Code section who gratuitously and in good faith renders assistance at the scene of an accident, collision, or other casualty shall not be held liable for any civil damages as a result of the rendering of assistance or for any act of assistance in providing or arranging salvage towage, medical treatment, or other assistance if the assisting person acts as a reasonably prudent individual would have acted under the same or similar circumstances.(c)Accident reports required.(1) As used in this paragraph, the term "medical facility" means any licensed general or specialized hospital, institutional infirmary, public health center, or diagnostic and treatment center. The term also includes, without being limited to, any building or facility, not under the operation or control of a hospital, which is primarily devoted to the provision of surgical treatment to patients not requiring hospitalization and which is classified by the Department of Community Health as an ambulatory surgical treatment center.(2) Any:(A) Physician, including any doctor of medicine licensed to practice under the laws of this state;(B) Licensed registered nurse employed by a medical facility;(C) Security personnel employed by a medical facility; or(D) Other personnel employed by a medical facility whose employment duties involve the care and treatment of patients therein having cause to believe that a patient has had physical injury or injuries inflicted upon him or her as a result of a reportable boating accident or accident, collision, or other casualty shall report or cause reports to be made in accordance with this paragraph.
(3) An oral report shall be made immediately by telephone or otherwise and shall be followed by a report in writing, if requested, to the person in charge of the medical facility or his or her designated delegate. The person in charge of the medical facility or his or her designated delegate shall then notify the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located of the contents of the report. The report shall contain the name and address of the patient, the nature and extent of the patient's injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator.(4) Notwithstanding any other provision of law, copies of medical records relating to the treatment of such patient shall be furnished to the investigatory law enforcement officer of the department, or any local, state, or federal law enforcement agency upon receipt of a written request or subpoena issued by such law enforcement agency or the prosecuting attorney having jurisdiction over such accident, collision, or other casualty. Such medical records shall be handled in a manner which assures the confidentiality of such records.(5) Any person or persons participating in the making of a report or causing a report to be made to the appropriate police authority pursuant to this paragraph or participating in any judicial proceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil liability that might otherwise be incurred or imposed, providing such participation pursuant to this paragraph shall be in good faith.(d)Salvage rights. Any person who fails to salvage any vessel within 12 months after its sinking shall forfeit his or her ownership to the vessel and thereafter any person may salvage and claim the vessel.(e)Official authority. Any officer empowered to enforce this article shall have the authority to stop, board, and detain any vessel involved in a reportable boating accident or accident, collision, or other casualty and to continue the detention of such vessel if necessary for evidentiary purposes for such reasonable period of time as such necessity continues.Amended by 2023 Ga. Laws 239,§ 2, eff. 7/1/2023.Amended by 2022 Ga. Laws 782,§ 52, eff. 5/2/2022.Amended by 2008 Ga. Laws 392,§ 2-39, eff. 7/1/2009.