Hit and Run Laws

Leaving the scene of an accident, usually known as a “hit and run,” is one of the most serious motor vehicle violations. However, these cases are not always as straightforward as they may seem at first glance. A driver arrested for hit and run should consult an attorney and should not discuss their version of events with law enforcement in the meantime. Even if they feel sure of their innocence, they may unintentionally divulge information that undermines a defense.

What Is Hit and Run?

A hit and run generally occurs when a driver fails to stop at the scene of an accident to provide information and assistance.

Elements of Hit and Run

A prosecutor pursuing a hit and run charge must show that the defendant was driving a vehicle when they were involved in an accident that caused injuries or property damage. (They usually must have known or had reason to know that the accident occurred, and some states require that they knew or had reason to know of the resulting injuries or property damage.) The defendant must have failed to take the steps that the law requires in these situations, which are designed to protect victims and their rights.

In general, a driver needs to stop at the scene and provide certain information and assistance. While the required information varies by state, it usually includes the driver’s personal identification and insurance coverage. Assistance may involve actions like calling an ambulance or performing first aid if this is appropriate and feasible.

Examples of Hit and Run

Patrick is driving home from a bar after having too much to drink. He veers out of his lane and strikes another vehicle. Patrick keeps driving because he does not want to get arrested for DUI.

Penelope runs a stop sign and hits another car. She stops to check on the people in the other car. However, she does not provide her identifying information before driving off, since she does not want to get sued.

Offenses Related to Hit and Run

A driver who leaves the scene of an accident might have committed another violation that caused the accident, such as running a red light or stop sign, speeding, or texting while driving. (However, a driver still could face a hit and run charge even if they did not cause the crash.) Some more serious charges that could arise from these incidents include:

• Reckless driving: the defendant operated a vehicle with willful or wanton disregard for the safety of others on the road
• DUI: the defendant was under the influence of alcohol or drugs while operating the vehicle
• Vehicular homicide: sometimes charged when the defendant caused a crash that resulted in someone else’s death
• Driving on a suspended license: the defendant was operating a vehicle during a period when the DMV had withdrawn their driving privilege
• Driving without a license: the defendant did not have a license to operate a vehicle

Sometimes a driver flees the scene of an accident to avoid getting caught for one of these other offenses. However, this is a poor decision that usually results only in an additional charge.

Defenses to Hit and Run

A defendant might fight this type of charge by arguing that they were a passenger rather than a driver, or that they did not know or have reason to know that a crash occurred. They also might claim that the crash did not cause any damage or injuries, or that it was not apparent at the time that any damage or injuries resulted. If the defendant suffered injuries or was trapped in the wreckage of their car, they might have been unable to provide their information or assist others who were injured. In other cases, the defendant might have left the scene involuntarily if a passenger forced them out of the driver’s seat and drove off. Perhaps the passenger had an outstanding warrant and wanted to avoid law enforcement at all costs.

Penalties for Hit and Run

This offense may be charged as a misdemeanor or a felony. Leaving the scene of an accident causing injuries often carries greater penalties than leaving the scene of an accident causing only property damage. For example, here are the penalties for various forms of hit and run in Arizona:

• Hit and run involving only vehicle damage: up to 6 months
• Hit and run involving non-serious physical injury: 0.75-2 years (1.5 years presumptive)
• Hit and run involving serious physical injury or death: 2.5-7 years (3.5 years presumptive)
• Hit and run involving serious physical injury or death when the driver caused the accident: 4-10 years (5 years presumptive)

In Georgia, a hit and run is a misdemeanor that carries up to 12 months of imprisonment if the accident caused vehicle damage or non-serious injuries. It is a felony that carries 1-5 years if the accident caused death or a serious injury. In Illinois, a hit and run involving only vehicle damage is a Class A misdemeanor, while a hit and run involving injuries or death is generally a Class 4 felony. A Class A misdemeanor carries less than one year of imprisonment, while a Class 4 felony carries 1-3 years.

A driver also might face the suspension or revocation of their license. For example, the DMV in New York will revoke a driver’s license for six months if they leave the scene of an accident that resulted in injuries or death. A driver in Colorado will have their license revoked for one year if they are convicted of leaving the scene of an accident involving injuries or death.

Last reviewed October 2024