What Happens if You Leave the Scene of an Accident and It’s Not Your Fault?

A car accident can trigger several basic emotions — the biggest of which is fear — which may then trigger intrinsic human instincts, such as the instinct to run. While understandable, especially if you feel as if you did something wrong, know that fleeing the scene of an accident can have several adverse consequences. Those consequences can entail much more than a traffic citation and will likely include criminal charges. Moreover, if you sustained any injuries in the accident and hope to later recover compensation for your damages, know that, by leaving the scene, you may have unwittingly hurt your case, even if the other party was at fault.

In short, no good ever comes from leaving the scene of the accident. What if, however, the damage is already done, and you fled the scene of an accident you were recently in? In a situation as serious as yours, it is crucial that you seek help from an accident lawyer who has experience handling what are essentially hit and run car accident cases and who can advise you of the best way to proceed going forward.

Leaving the Scene of an Accident is a Hit and Run

Fleeing the scene of an accident, regardless of who is at fault, is a crime. To understand why this is, it is important to shift your perspective and view your actions for what they really are: hitting and running.

Though the definition of “hit and run” varies between state laws, the general consensus is that a hit a run involves colliding with another vehicle and then fleeing the scene of the accident without stopping to identify yourself or perform any of the other responsibilities that state law specifies. This includes rendering aid to parties who need it.

Most state laws require all parties to stop in an accident, even those who are not at-fault. Even if you did not cause your accident, you could face hit and run charges for the simple act of leaving. If you must leave the scene, it must be for a reasonable purpose, such as to get cell service to contact the local authorities. However, you must return to the scene as soon as you accomplish your purpose.

Your Duties Following an Accident

You can likely find your exact responsibilities following an accident in your state’s motor vehicle code, or in the motor vehicle code of the state in which your accident occurred. Though some variation exists between state laws, most mandate that you take the following steps after a collision:

• Check yourself and your passengers for injuries. If you are seriously injured, wait for emergency personnel to arrive at the scene.
• If you are able, move your vehicle to the side of the road, onto a sidewalk or some other location where it is out of the way of oncoming traffic. If you cannot move your vehicle, at least try to get yourself and your passengers to a place of safety.
• Assess each involved party for injuries and render aid as you are able.
• Call 911. The reporting requirements vary significantly across state lines, but most require you to report the incident if you or any other involved persons sustained injuries or died in the accident. Each state has property damage reporting requirements that rely on the value of damage. For instance, in Hawaii, you must only report the damage if the estimated value exceeds $3,000. In Tennessee, however, the reporting threshold is as low as $50. In Texas and Utah, you must report the incident if the value of estimated damages is $1,000 or more.
• Exchange information with the other party. Information to exchange includes the following:
  • Full name and contact information
  • Driver’s license number and license plate number
  • Insurance information, including each party’s policy number
  • Color, make and model of each involved vehicle
• Identify witnesses and, if they allow, gather their names and contact information.
• Notify your insurance company and the at-fault party’s insurer of the accident and take steps to begin the claims.

Again, though driver responsibilities vary between state laws, you should, at a minimum, stop and take the above steps.

Penalties for Fleeing the Scene of an Accident

Leaving the scene of an accident can have criminal, administrative and civil penalties. Each type of penalty can be costly and cause significant disruption in your life.

Criminal Penalties for Leaving the Scene of an Accident

Depending on the circumstances of the accident, fleeing the scene of a crash can result in misdemeanor or felony charges. In most states, if you leave the scene of a collision that resulted in any type of injury to an individual, you commit a felony offense. The state may elevate the charges if the accident resulted in the death of one or more individuals.

The penalties for a felony hit and run can be severe. In many states, a felony offense of this nature may trigger fines of between $5,000 and $20,000 and result in up to 15 years in prison.

If your accident did not result in injury or death but merely caused property damage, you will likely face misdemeanor charges. The degree of crime with which the state will charge you depends on the value of the damage. For instance, in Texas, fleeing the scene of an accident that resulted in less than $200 worth of damages is a Class C misdemeanor. However, if the value of damages exceeds $200, the crime becomes a Class B misdemeanor. A misdemeanor conviction can trigger both fines and jail time.

Administrative Consequences for Leaving the Scene of an Accident

In addition to criminal charges, you face administrative penalties for fleeing the scene of an accident. Typically, the Department of Motor Vehicles in your state will impose the penalties, which often include automatic revocation or suspension of your license. License suspension or revocation can last anywhere from as few as six months to life.

Civil Penalties for a Hit and Run

If you were to have caused the accident, the other party would have the right to file a car accident claim against your insurer, and possibly a lawsuit against you. Though this is typical of any accident, what would not be typical is that the courts may allow the other party to also pursue punitive damages, the purpose of which is to punish the defendant for acting in an overtly negligent, reckless or outrageous manner.

Because the other party caused the accident, however, you face little risk of becoming the defendant in a personal injury lawsuit. You do, however, have to worry about how your actions may affect any future claim you wish to make. The deciding parties will unlikely look favorably upon your decision to leave the scene and may reduce your award based on the fact that no one knows the exact extent of your injuries immediately after the crash. In some cases, fleeing the scene may be grounds for the insurer to deny your claim altogether.

What Happens to Hit-and-Run Drivers Who Are Later Found By Their License Plates?

A hit-and-run accident can occur at any time during the day, but statistics show hit-and-runs are 4 times more likely to happen at night between the hours of midnight and 4 AM. Unfortunately, the lower visibility at night may increase a hit-and-run driver’s chance of escape. 

It may be tempting to make a run for it, but remember: Hit-and-runs are serious crimes. Individuals found and convicted of hit-and-run incidents can face weighty legal consequences. 

A license plate number can be used to locate a hit-and-run driver

The first step to prosecuting a driver who fled the scene is to file a police report. 

If you are the victim in this situation, be sure to provide the police with as much information about the incident as possible. The more information you can offer, the better the odds that the police will catch the hit-and-run driver. 

Important details to share with the police may include:

• Make, model, color, and approximate year of the vehicle
• Contact information for anyone who was an eyewitness to the incident
• Time, date, and location of the accident
• Physical characteristics of the driver
• Injuries to yourself, passengers, and anyone else involved

If you were able to get the license plate number of the hit-and-run vehicle before the driver fled the scene of the accident, be sure to share this with the police. The police can often use a license plate number to connect a vehicle with a person and address. 

You also will want to inform your insurance company of the hit-and-run accident and share the license plate number with the adjuster. Even your insurer may be able to use the license plate number to obtain contact and insurance information for the driver. 

Actions taken after a license plate number is reported from a hit-and-run

After reporting the license plate number to law enforcement, the police can use it to identify the owner of the registered vehicle involved. 

The following actions may be taken after a license plate is reported:

• Conducting an investigation: Once the police have obtained the license plate number, they will use their resources to track down the registered owner of the vehicle. As part of the investigation, they may review any available video surveillance footage of the incident, interview eyewitnesses, and possibly even inspect the vehicle for damage consistent with the accident. 
• Arresting the driver: If the police have gathered sufficient evidence, they will be able to track down and arrest the hit-and-run driver. However, it’s possible to receive a citation or court summons instead of being arrested.
• Proceeding to court: The driver will be charged with a hit-and-run. This may be a misdemeanor or a felony, depending on the severity of the incident and jurisdiction. After the evidence is presented, a judge and/or jury will give a ruling on whether the driver is guilty. 
• Receiving a penalty: If the driver is found guilty of a hit-and-run, he or she will be penalized according to local laws. Potential penalties include fines, revocation of the driver’s license, community service, or imprisonment. 
• Paying restitution: The judge may order the hit-and-run driver to pay restitution to the victim of the motor vehicle accident. This could include money for property damage, medical expenses, and more.
• Filing a civil lawsuit: The victim of a hit-and-run may choose to file a personal injury lawsuit against the at-fault party, to pursue damages for pain and suffering and other losses not included in the restitution payment. 

Get Help After a Hit and Run

Regardless of your role in a hit and run accident, filing a claim and successfully pursuing damages in such a case is often difficult and complex. It is crucial that you work with an attorney who has experience with these types of cases and who can advise you on how to best repair or mitigate the damage you already caused and increase your odds of recovering the maximum amount of compensation. To consult with such an attorney, contact Fielding Law today.

Sources: 

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

State Farm: https://www.allstate.com/tr/car-insurance/in-case-of-a-car-accident.aspx

Enjuris: https://www.enjuris.com/car-accident/accident-reporting-requirements.html

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