Hit and Run Accidents & Legal Options
A hit and run accident occurs when a driver involved in a collision leaves the scene without providing the required identifying information or offering necessary assistance. Laws in most jurisdictions consider leaving the location of an accident without fulfilling these duties a serious offense. It may lead to criminal and civil liability.
Driver Responsibilities at the Scene
States generally require drivers to go through a certain process when they're involved in an accident:
- Stop as soon as it is safe to do so
- Check for injuries
- Provide reasonable assistance to anyone who is hurt
- Exchange names, addresses, driver’s license details, and vehicle registration information
If local law enforcement has not already been notified, many states mandate contacting the police under circumstances that include injuries or significant property damage. Failing to meet these legal responsibilities may result in misdemeanor or felony charges.
Steps for Safety
The safety of all involved parties is the top priority. If traffic permits, moving the vehicle out of harm’s way can prevent further collisions or injuries. Contacting emergency services as soon as possible is generally required when injuries are present, and it is advisable to remain on site so that the authorities can obtain accurate information. Gathering contact information from any witnesses can help establish the identity of the fleeing driver or confirm how the incident occurred. Seeking immediate medical attention is also important, since some injuries do not manifest symptoms until later.
Preserving Evidence
Documenting the accident scene and injuries promptly is crucial for any criminal investigation or civil claim. Photographs or videos of vehicle damage, visible injuries, skid marks, traffic signals, and surrounding road conditions can help establish how events unfolded. Notes regarding the make, model, color, or license plate number of the fleeing vehicle, as well as a physical description of the driver, should be recorded as soon as possible while memories remain fresh. Nearby security or traffic camera footage, if available, can be vital in identifying a fleeing driver and proving liability.
Importance of a Police Report
Filing a police report creates an official record of the incident and triggers an investigation, which is often instrumental in identifying the hit and run driver. Information documented by law enforcement can be used in both criminal proceedings and civil claims. In many states, a police report is required before a victim can pursue certain insurance benefits. The report may include initial findings about how the accident occurred, witness statements, and other evidence relevant to determining liability.
Criminal Liability and Penalties
Leaving the scene of an accident may be prosecuted as either a misdemeanor or a felony. Misdemeanor charges typically arise when the damages are limited to property, while felony charges are more common if someone is injured or killed. Prosecutors generally must show that the driver knew or should have known about the collision and then willfully failed to meet legal obligations, such as remaining on site or returning in a timely manner. If convicted, penalties can include heavy fines, license suspension or revocation, probation, and imprisonment. The prosecution typically bears the burden of proving the driver’s guilt beyond a reasonable doubt.
Civil Liability and Compensation
A fleeing driver may be held financially responsible for the losses they cause, including medical bills, lost income, and pain and suffering. If a victim suffers severe or permanent harm, additional damages may apply. In civil court, liability must be established by a preponderance of the evidence, meaning it is more likely than not that the defendant caused the harm. However, securing recovery depends on whether the responsible driver has insurance or enough assets to cover a judgment.
If the driver is never identified or lacks adequate resources, the victim may not be able to collect damages from them. They may need to rely on Uninsured Motorist (UM) coverage under their own policy. Additionally, some drivers carry other coverage, such as collision or personal injury protection in no-fault states, which can help pay medical expenses and vehicle repair costs regardless of the other driver’s identity.
Statutes of Limitations
Civil claims for injuries and property damage must be brought within a specific timeframe, known as the statute of limitations. Once that period expires, the victim can be barred from collecting damages through state or federal courts. These time limits vary widely and often differ when injuries involve minors or when an injury takes time to discover. Claims under UM or UIM coverage can have separate notification requirements and deadlines set by the policy terms. Failing to notify the insurer within those deadlines may jeopardize coverage.
