Also known as “hit and run,” leaving the scene of an accident is a crime. You can be charged with leaving the scene if you hit another vehicle, pedestrian, object, or piece of property and then drive away.
Only the driver of the vehicle can be charged with leaving the scene of an accident. However, in some states, a passenger in a vehicle involved in an accident where the driver left the scene can face consequences if they fail to report the accident within the required amount of time. For example, in Virginia a passenger has 24 hours to report the accident or face criminal charges.
There are some circumstances where it is okay to leave the scene. For example, you might need to leave the immediate scene because staying would be dangerous, such as when there is a risk of fire or an explosion. It might also be necessary to leave so that you can get help or contact emergency services.
Bystanders or witnesses to the accident are not required by law to remain at the scene. While you may stay to call for help or to provide first aid, you are also free to leave.
Difference Between Misdemeanor and Felony Hit and Run
Leaving the scene of an accident can be a felony or a misdemeanor. Generally a hit and run is a felony whenever there has been an injury to a person. That person might be a pedestrian or an occupant in the other vehicle. Depending on the state where the hit and run occurred, it might also be a felony if there was more than $1,000 worth of property damage.
A hit and run is a misdemeanor when there is only minor property damage, such as damage to the other vehicle. This is common in parking lots. If you hit a car in a parking lot and cause damage, you can be charged with a misdemeanor if you leave the scene and do not leave your information for the owner of the other vehicle.
If the driver was committing another crime at the time of the accident, they can be charged for both offenses. For example, a driver who was drunk and then left the scene of the accident can be charged with driving under the influence (DUI) and hit and run. Both charges carry their own separate penalties.
A driver who was driving under the influence or speeding and leaves the scene may also face additional charges. These may include reckless driving or vehicular homicide if the victim of the hit and run does not survive. Factors such as speeding or drunk driving may lead to harsher punishments because the judge can use them as aggravating factors when deciding on the appropriate sentence.
Penalties for a Hit and Run
The reasons why a person may commit a hit and run are numerable. The most common reason is that the driver does not have adequate auto insurance, or is wanted for other crimes. Many vehicle accidents also result in a traffic citation if the accident occurred because of distracted driving.
The penalties for a hit and run charge vary from state to state. A hit and run accident could also lead to more serious criminal charges, rather than a simple traffic citation. Hit and run accidents that result in major property damage are often misdemeanors with fines of up to $5,000, one year in jail, or both. Additionally, nearly every state also imposes administrative penalties related to the offending party's license.
Offending drivers may also find themselves facing a civil lawsuit for damages, if the other driver sustains any personal or property injuries and decides to sue the offender. The plaintiff may also find themselves entitled to a monetary award meant to compensate them for any incurred medical expenses, damage to their vehicle, emotional distress, and other types of damages. The offending driver would be responsible for these additional awarded damages.
Hit and run crimes that involve serious bodily harm, serious property damage, evading the police, or death, may result in felony hit and run charges, instead of misdemeanor hit and run charges. Some jurisdictions organize felony hit and run charges into various degrees, such as “a felony in the fifth degree.
How Do the Police Track Down the Driver in a Hit and Run?
The police primarily utilize evidence and eye witnesses when attempting to track down the driver involved in a hit and run accident. As soon as you have called them and made your complaint, they attempt to preserve as much evidence from the collision scene as possible.
This evidence includes footage obtained from surrounding surveillance cameras, especially in parking lots and parking garages. Local businesses may also be a source of surveillance camera footage that could lead to identifying the vehicle that caused the collision.
Another source of evidence may come in the form of videos obtained by witnesses on their cell phones. So many people carry a phone with a camera that this is becoming more common form of evidence. A dashboard camera may also be another source of footage to be used as evidence. Vehicle and property damage, such as the paint left behind when the hit and run was committed, are other forms of evidence.
Witnesses are often invaluable assets when the police are attempting to track down the driver responsible for a hit and run collision. Eyewitnesses often make their own accident reports in addition to the report made by the affected driver. They often have noted or photographed the license plate number belonging to the responsible vehicle, and can provide a description of the responsible vehicle, such as color, make, model, etc. People in the parking lot, other drivers in the area, pedestrians, and employees of nearby businesses may be able to provide important information.
Are There Any Defenses for a Hit and Run?
It may prove to be very difficult to find any legal defenses to a hit and run accident. The defenses that do exist, do not always provide a complete release from any liability resulting from your decision to flee the scene. These include:
-
Involuntary Intoxication or Diminished Capacity: If you believe you were drugged, you could use involuntary intoxication as a defense to your hit and run charge.
-
Responding to an Emergency: Responding to an emergency may be an effective defense, if you fled the accident scene because you were driving to the hospital (or elsewhere) because of an emergency, such as driving someone in labor to the hospital.
- Ultimately, it is up to the authorities of that specific jurisdiction to determine whether the circumstances constituted an actual emergency so as to excuse your failure to remain at the scene and provide required information; or
- Lack of Knowledge: This defense comes into play when a person leaves a car accident scene thinking there has been no damage to property, or injuries to people. These drivers could still be found responsible for negligence or reckless driving. Additionally, it could be difficult to establish that the driver was completely and totally unaware that they caused injury to someone else, or damage, with their vehicle.
Can You Be Sued for a Hit and Run?
Anytime you are involved in a vehicle accident there is a possibility that you will be sued by the other driver or property owner for damages. If you leave the scene of the accident the civil penalties could be more severe as well.
The victim may ask for damages to compensate them for medical bills, property damage, and lost wages. If the defendant left the scene of the accident the victim is more likely to also recover punitive damages. These are damages that are meant to punish the defendant. Even if the damage inflicted on the victim or their property was an accident, the driver left the scene intentionally. The court will punish the defendant by imposing punitive damages.
The most important thing to do if involved in a hit and run, whether the victim or the offending driver, is to not leave the scene of the accident. Even if only minor damage is involved, it is important to remain at the scene. Stop the vehicle after the accident and call the police to report the accident. Exchange information with the other driver if possible, such as names, addresses, and insurance information.
Further, if you are the victim, immediately note everything you can recall about the other driver and their vehicle, should they flee and the police find themselves needing such details. No matter the circumstances of the accident, you should ask any witnesses to remain and wait for the police to arrive.
If you have accidentally caused damage to someone's property while they are not around, such as hitting a parked car, it is your responsibility to leave a note with your contact information. You should include your name, phone number, insurance provider, and any other contact information. Alternatively, you may want to contact the police and have them document the accident, especially if it appears that extensive damage has occurred.
Do I Need a Lawyer If I Committed a Hit and Run?
If you are charged with hit and run you should contact a criminal defense attorney to discuss your options and possible defenses. The consequences for hit and run can be severe and long term. An experienced attorney can help you understand the potential penalties for leaving the scene of an accident and represent you in court.
