What Happens if You Hit a Car and Drove Off?

Traffic offenses fall into two distinct categories: civil infractions and crimes. No matter where in the country you live, fleeing the scene of an accident if you were a party to said accident is a crime. The level of the crime (such as a Class C misdemeanor versus a second-degree felony) and the associated consequences depend on in which state you live and the extent of damages that resulted from the incident.

As a driver, it is important that you understand your rights and responsibilities during an accident. Knowing your duties can help you avoid making costly mistakes. If, however, you already left the scene of an accident and are wondering what to do only after the fact, you may wonder what legal repercussions you now face and if there is anything you can do to mitigate them. A knowledgeable lawyer can educate you on your state and local laws and advise you on how to proceed going forward.

What Constitutes a Hit and Run Accident?

A hit and run, in general, occurs when, after an accident, you leave the scene instead of sticking around to identify yourself or render assistance. Some states consider hitting an animal and then taking off without contacting local law enforcement as fleeing the scene as well.

In most states, a hit-and-run accident can occur anywhere, and not just on roadways or highways. For instance, if you back into another vehicle in a parking lot and leave without leaving a note with your contact information, you are guilty of leaving the scene. The same goes if you accidentally hit your neighbor’s car when attempting to park on your own street.

In most cases, it does not matter whether you caused the accident or not. If you leave the scene of an accident without any justifiable reason, the courts will consider you to have committed a hit and run. However, if you take off to, say, access emergency care because you cannot get cell reception, the courts are unlikely to penalize you so long as you immediately return to the site after reaching a law enforcement agent.

Your Duties Following an Accident

Your duties following an accident vary from state to state and depend on whether the incident resulted strictly in property damage or if it caused a personal injury or death. For example, in Texas, your duties following an accident that result in the death or personal injury of another are as follows:

• Immediately stop at the scene of the accident or as close to it as possible.
• If you cannot stop at the scene, return to it as soon as you are able.
• Immediately assess other involved parties for injuries (if you are able, and if applicable) and either render aid or call for help immediately.
• Remain at the scene until a law enforcement agent fulfills his or her requirements and gives you the go-ahead to leave.

Your duties differ slightly if the accident merely results in property damage. As in the case of an accident that results in injuries, you must stop your vehicle at or as close to the scene of the accident as possible. You must do so, however, without obstructing oncoming traffic if possible. You must return to the scene if you cannot stop at it, and you must remain there until you and the other driver fulfill all the appropriate legal requirements.

In addition to stopping, you have a responsibility to provide the other driver with your name, contact information, vehicle information and insurance information. You must also render aid or make arrangements for transporting injured parties to a local medical facility if necessary.

Your Responsibilities After Hitting an Unattended Vehicle

Approximately 20% of all motor vehicle accidents and collisions that occur each year occur in parking lots. Unsurprisingly, many of those accidents involve at least one unattended vehicle. If you hit an unattended car while moving through a parking lot, you still have a legal obligation to stop and try to make amends. In Texas, for example, you must do the following:

• Stop your vehicle immediately.
• Attempt to find the vehicle owner or operator to give that person your name and contact information.
• If you cannot find the owner or operator, leave a note in a conspicuous place, and securely attach it to the vehicle. The note should contain your name, contact information and details of the collision.

Your Responsibilities After Hitting a Fixed Object

If you hit a fixed and unattended object while driving, you have a legal obligation to stop your vehicle and make all reasonable efforts to find the owner of the object. If you can find the owner, you must provide your name, contact information and vehicle information. If you cannot find the property owner, you must attempt to leave a note or provide details of the incident to the local police department.

Consequences for Failing To Stop

The consequences for leaving the scene of an accident vary between jurisdictions, as do your legal requirements following a collision. However, most state laws classify hit and run accidents as misdemeanor or felony offenses. Generally, the offense is a misdemeanor if the accident did not result in injuries. If it did result in injuries or death, state laws often elevate the offense to a felony.

Using Texas law as an example again, leaving the scene of an accident can have the following consequences:

• Third-degree felony charges if the crash resulted in serious bodily injury
• Second-degree felony charges if the crash caused the death of one or more persons
• Class B misdemeanor charges if the collision resulted only in property damage but the value of damages to all vehicles exceeds $200
• Class C misdemeanor charges if the collision resulted only in property damage and the value of damages to all vehicles does not exceed $200

Administrative Penalties for Leaving the Scene of an Accident

In addition to criminal penalties, you also face administrative consequences for leaving the scene of an accident. The Department of Motor Vehicles is responsible for imposing these penalties, which may include but are not limited to license suspension, license revocation and points on your driving record. A period of suspension or revocation can range anywhere from six months to three years, or it may be for life.

Civil Penalties for Leaving the Scene of an Accident

If your accident results in the injury or death of another person, you face civil penalties as well. If the victim and/or his or her family members choose to file a claim against you for compensation, and if their claim is successful, the courts may increase the amount of damages you must pay based on the fact that you fled the scene. For instance, the courts may award the plaintiff punitive damages, which are damages the court devises to punish defendants for particularly dangerous or outrageous behavior. Some states award what they refer to as “treble damages,” which are similar to punitive damages except that they come in an amount that is three times the total amount of compensatory damages.

What To Do If You Left the Scene of an Accident

If you left the scene of an accident and now face criminal charges, do not try to explain yourself to the authorities. Rather, contact an experienced car accident attorney who can hear you out and defend your rights in court. Get in touch with Fielding Law Auto Accident Attorneys today.

Sources:  

Texas Statutes: https://statutes.capitol.texas.gov/Docs/TN/htm/TN.550.htm

Nolo: https://www.nolo.com/legal-encyclopedia/consequences-hit-run-accident.html

MotorBiscuit: https://www.motorbiscuit.com/an-alarming-number-of-car-accidents-happen-in-parking-lots/