What Is a Hit and Run? Legal Definition and Consequences
Understand how hit and run laws define driver responsibilities, legal outcomes, and the broader impact on liability and insurance.
Thousands of drivers are involved in accidents each year where one party leaves without stopping. These hit-and-run incidents carry potentially serious legal and financial consequences. Fleeing the scene, even after a minor collision, can transform a traffic accident into a criminal matter. Understanding the legal framework surrounding these events is crucial for both victims and those accused.
Legal Classification
A “hit and run” occurs when a driver involved in a collision fails to stop, identify themselves, and render aid as required by law. State laws define this failure as a distinct offense, separate from any traffic violation causing the accident.
The classification of the offense typically depends on the accident’s severity. Incidents involving only property damage, like hitting an unoccupied parked car, are often treated as misdemeanors.
When an accident results in injury or death, leaving the scene is usually elevated to a felony. The seriousness of the injuries often dictates the specific felony charge. Prosecutors generally must prove the driver knew, or should have known, they were in an accident. For felony charges involving injury, they may also need to show the driver was aware, or should have been aware, of the injury or death.
Duties Required at the Scene
Drivers involved in a collision must stop their vehicle immediately or as close to the scene as safely possible. This duty applies regardless of fault or the apparent extent of damage.
After stopping, drivers must exchange information, including their name, address, and vehicle registration number. Upon request, they must also show their driver’s license and provide auto insurance details. This information should be shared with any injured person, the driver or occupants of other involved vehicles, or the owner of damaged property. If the owner of damaged unattended property cannot be found, the driver must typically leave a written notice with their contact information and report the incident to law enforcement, often within 24 hours.
If anyone is injured, the driver must render reasonable assistance. This generally includes ensuring the injured person receives medical attention, such as by calling 911 or arranging transportation to a hospital if necessary or requested.
Possible Criminal Penalties
Leaving the scene of an accident carries criminal penalties separate from any citations for the accident’s cause. The severity depends largely on the outcome.
Accidents involving only property damage typically result in misdemeanor charges. Penalties may include fines up to several hundred or thousand dollars, potential jail time (often up to a year in county jail), points on a driving record, and possible driver’s license suspension.
If the hit and run causes injury or death, the offense is usually prosecuted as a felony. Felony convictions bring much harsher consequences, including potential prison sentences ranging from one year to over a decade, depending on the severity of harm. Fines can reach tens of thousands of dollars, and felony convictions almost always result in lengthy driver’s license revocation, sometimes lasting years or becoming permanent.
Courts may also impose probation, mandatory community service, or order restitution, requiring the driver to compensate victims for losses. Prior criminal convictions, especially for driving offenses, can lead to increased penalties.
Civil Liabilities
Beyond criminal charges brought by the state, a driver who leaves an accident scene can be held financially responsible in civil court. Civil lawsuits focus on compensating victims for losses resulting from the collision and the driver’s failure to remain. Injured parties or property owners can sue the driver regardless of the outcome of any criminal case.
Compensation, known as damages, covers various losses. Economic damages include quantifiable costs like medical bills (current and future), lost wages, reduced earning capacity, and property repair or replacement. Non-economic damages address intangible harms such as physical pain, emotional distress, and loss of enjoyment of life.1Justia. Types of Damages in Personal Injury Lawsuits
To succeed in a civil claim, the injured party (plaintiff) must prove the hit-and-run driver (defendant) was responsible for the accident and damages by a “preponderance of the evidence,” meaning it is more likely than not. This standard is lower than the “beyond a reasonable doubt” required in criminal cases. A major challenge in hit-and-run cases is identifying the fleeing driver. Witness statements, surveillance footage, or vehicle debris can be crucial evidence.
In cases where the driver’s conduct was particularly egregious, such as intentionally fleeing a scene with serious injuries, victims might seek punitive damages. These are intended to punish the defendant and deter similar behavior, rather than just compensate the victim. Civil lawsuits must be filed within a specific time limit, known as the statute of limitations, which varies by state but typically ranges from one to six years for personal injury claims.
Insurance Considerations
Hit-and-run accidents create complex insurance situations. For victims, their own auto insurance policy often provides the primary path to coverage, particularly if the fleeing driver is unidentified. Uninsured Motorist (UM) coverage is key, as many states treat hit-and-run drivers as uninsured. UM coverage can pay for bodily injuries (UMBI), covering medical costs, lost wages, and sometimes pain and suffering. Some states offer Uninsured Motorist Property Damage (UMPD) to cover vehicle repairs, though it may have a deductible and isn’t universally available.
Collision coverage, if purchased, can pay for vehicle repairs regardless of fault, usually after a deductible is paid. Medical Payments (MedPay) coverage or Personal Injury Protection (PIP), depending on the state, helps cover medical expenses for the policyholder and passengers. Reporting the incident promptly to both police and the insurance company is essential to start a claim.
Insurers investigate these claims separately from police. For the victim, a claim under their own UM, Collision, MedPay, or PIP coverage is typically considered not-at-fault and usually doesn’t directly increase premiums, though deductibles apply.
The driver who fled faces significant insurance consequences if identified. Their liability insurer might deny coverage based on policy exclusions for criminal acts or failure to cooperate by not reporting the accident. Even if the claim is covered, the driver can expect substantial premium increases or non-renewal of their policy, making future insurance difficult and expensive to obtain.
Consulting Legal Counsel
Dealing with the aftermath of a hit and run involves navigating complex legal issues, whether one is accused of leaving the scene or was affected by the collision. Seeking legal advice is often beneficial for understanding rights and obligations. An attorney can interpret relevant laws and explain how they apply to the specific incident.
An individual accused of leaving an accident scene should consult a defense attorney to understand potential charges and the legal process. Defense lawyers work to protect the accused’s rights, review prosecution evidence, and explain the standards for conviction. This allows the accused to make informed decisions and ensures they understand their constitutional protections, such as the right to remain silent.
Victims also benefit from legal counsel to explore options for recourse beyond the criminal investigation. An attorney specializing in personal injury can advise on navigating the civil justice system to seek compensation for harm suffered. They can explain the victim’s rights and the progression of legal proceedings.
Finding appropriate counsel can start with state or local bar association referral services, which connect individuals with attorneys specializing in traffic law, criminal defense, or personal injury. Initial consultations allow individuals to discuss their case and assess the attorney. Communications with an attorney for legal advice are generally protected by attorney-client privilege, ensuring confidentiality even if the attorney is not ultimately hired.
