Curious to know what happens after a driver flees an accident scene?
Hit and runs are some of the most serious traffic violations a motorist can commit. After all, they leave victims without assistance. What’s more, they carry life-altering legal penalties.
Want to know more?
Drivers are legally required to stop after a collision. This is the case whether the accident was their fault or not. Failure to stop at the scene of an accident can lead to a criminal prosecution.
What you’ll discover:
- What Is Considered a Hit and Run?
- Criminal Penalties
- Charge Classifications When Injuries Are Involved
- What To Do to Protect Your Rights
What Is Considered a Hit and Run?
Driving away after an accident is a hit and run.
But the law actually requires you to do more than simply stay at the scene. After a crash, the law requires you to:
- Stop your vehicle immediately.
- Exchange insurance and contact information with all other drivers and involved parties.
- Provide reasonable assistance to anyone who’s injured in the accident.
Failure to do any of the above can result in hit and run charges.
This is the case for every accident. It doesn’t matter if you hit another vehicle, a pedestrian, a cyclist, or a parked car. The moment you drive away from an accident without performing these legal duties, you’ve committed a hit and run.
Working with a hit and run lawyer can help a crash victim pursue compensation. Hit and run cases can be extremely complex. They usually require specialized insurance claim knowledge.
Criminal Penalties
Hit and run accidents are taken very seriously.
Let’s start by looking at the typical criminal penalties for these offenses:
Hit and run charges are usually separated into one of two categories. This classification is based on whether anyone was injured during the accident.
- Misdemeanor charge: This charge usually applies in situations where only property damage occurred. Penalties can include fines of up to $1,000. Community service, probation, and a jail sentence of up to six months are possible.
- Felony charge: This charge applies if the accident caused injury or death. Penalties are much harsher, including state prison for many years.
And there’s more…
In addition to these criminal penalties, almost every state also imposes administrative penalties through the DMV. In most cases, a hit and run conviction will result in an automatic suspension of your driver’s license. This can be anywhere from six months to several years.
Charge Classifications When Injuries Are Involved
Things take a sharp turn if someone is injured.
Hit and run crashes are more common than you might think. According to the AAA Foundation, they occur on American roadways more than once per minute.
Law enforcement and prosecutors treat these offenses very seriously.
In California, for example, a felony hit and run with serious injury can lead to four years in state prison. The court can also order up to $10,000 in fines. A victim restitution requirement would be added to the penalties. This would cover any medical bills and lost wages.
Texas takes a similar approach to hit and run accidents. These are third-degree felonies if someone dies or suffers serious bodily injury. Injuries that don’t rise to this level can still lead to a state prison sentence of up to five years.
Aggravating factors can result in additional charges:
Related charges of vehicular manslaughter can lead to additional years in state prison. Criminal penalties also increase with DUI charges, prior criminal convictions, and gross negligence.
Why Do People Flee the Scene?
Hit and runs are a fact of life on our roads.
Studies show that the number of fatal hit and runs on American roadways nearly doubled between 2012 and 2021. That’s an 89.4% increase in the space of just under a decade.
Some people leave because they think they’ll face criminal charges for another offense, like a DUI. Others flee because they’re uninsured or driving without a valid license. But sometimes drivers panic in the heat of the moment and just flee.
One thing many drivers don’t realize though…
By driving away, they commit a separate crime. This crime is often far more serious than the underlying traffic violation. A minor accident might have only earned a ticket. But it becomes a felony once the driver flees.
Civil Consequences in Addition to Criminal Charges
- Civil liability is another matter.
- Hit and run victims have the right to file a lawsuit for:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
Some states even have treble damage laws. These allow courts to triple the amount they award to the victim.
Insurance rates will also skyrocket after a conviction. It’s possible that your insurance provider will even cancel your policy. Finding coverage from another insurer can become difficult and expensive.
Protecting Your Rights After an Accident
It’s important to protect your legal rights no matter what side of a hit and run you find yourself on.
If you’re a victim:
Try to remember as many details as you can about the offending vehicle. License plate number, make, model, and color all help the police track them down. Report the crime to law enforcement as soon as you’re able. File a claim with your insurance company under the uninsured motorist portion of your policy.
If you’re facing charges:
Contact a lawyer immediately. An attorney will be able to review the evidence against you. They can also point out weaknesses in witness reliability. It’s also possible that your attorney will present legal defenses on your behalf. Lack of awareness that an accident had occurred are one of the more common defenses to this offense.
Wrapping It All Up
Hit and run accidents are more than just minor traffic infractions. They carry serious legal penalties that can change your life.
Criminal penalties range from misdemeanor fines to state prison for many years. Administrative penalties include driver’s license suspension. Civil liability can result in millions of dollars in judgments.
The moral of the story?
Always stop after an accident. Exchange information with other parties. Stay at the scene to provide assistance if it’s needed. A few minutes of your time fulfilling your legal obligations can spare you years of legal trouble.
Jurisdictions around the country take this offense very seriously. Fleeing a crash scene makes it difficult, if not impossible, for victims to get the assistance they need. This includes timely medical care and support when filing insurance claims.
If you’ve been involved in a hit and run, consult with a lawyer right away.
