The Consequences of Hit and Run Accident in the USA

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When it comes to car accidents, one of the most serious offenses is a hit and run. A hit and run occurs when a driver involved in an accident leaves the scene without stopping to identify themselves or provide assistance to those in need. This act is illegal in every state in the USA, and the consequences can be severe. In this article, we will explore the different types of hit and run accidents, the penalties associated with them, and what to do if you find yourself involved in such an incident.

What Constitutes a Hit and Run Accident?

A hit and run accident can occur in various situations. It can involve a collision with another vehicle, a pedestrian, an animal, or even property. The defining characteristic of a hit and run is the failure of the driver to stop and take appropriate action after the accident. It is important to note that in most states, it does not matter who is at fault for the accident. Simply leaving the scene without fulfilling certain obligations is enough to be considered a hit and run offense.

Non-Injury Related Hit and Runs

The first type of hit and run involves accidents where no one sustains injuries. In these cases, the consequences are generally less severe compared to incidents involving injuries or deaths. Non-injury related hit and runs are further categorized into three separate categories:

1. Attended Vehicle: This refers to hitting a car that is being driven by someone.
2. Unattended Vehicle: This occurs when a parked car is hit.
3. Property Damage Only: This involves accidents that result in damage to personal property such as fences or mailboxes.

Each of these categories has specific requirements for the driver involved in the accident.

Attended Vehicle (ARS 28 662)

If you are involved in an accident with another vehicle, and no one sustains injuries, the law requires you to take the following steps:

1. Stop: Immediately or as close to the accident scene as possible.
2. Remain at the Scene: Provide the other person with your name, address, and car registration information. If requested, show your driver’s license to that person.

The penalties for leaving the scene of an accident involving an attended vehicle can include up to 4 months in jail, a fine of up to $1,500, and a one-year license suspension.

In the previous post, we had shared information about How Long Does a DUI Stay on Your Record?, so read that post also.

Unattended Vehicle (ARS 28 664)

When you hit a parked car and no one is present near the vehicle, you are still legally obligated to do the following:

1. Find the Operator or Owner: Provide them with your name, address, and the driver and owner information of your car.
2. Leave Information: If you cannot locate the operator or owner, leave your information in writing in a conspicuous place on the struck vehicle.

The penalties for leaving the scene of an accident involving an unattended vehicle can include up to 30 days in jail, a fine of up to $500, and a one-year license suspension.

Property Damage Only (ARS 28 665)

In cases where the accident results in damage to property (e.g., fences, mailboxes), you must:

1. Take Reasonable Steps: Locate the owner of the property and notify them about the accident.
2. Provide Information: Give them your name, address, vehicle registration, and show your driver’s license if requested.

The penalties for leaving the scene of an accident involving property damage only can include up to 30 days in jail and a fine of up to $500.

Injury Related Hit and Runs

When an injury or death occurs as a result of a hit and run accident, the consequences become much more severe. Law enforcement takes these cases more seriously and investigates them vigorously. Injury related hit and runs are further divided into two categories:

1. Minor Injury: When the accident results in minor physical injuries.
2. Serious Injury or Death: When the accident causes severe injuries or results in someone’s death.

Minor Injury (ARS 28 661)

If the accident causes minor physical injuries, you must take the following additional steps:

1. Stop at the Scene: Provide the driver’s name, address, and vehicle registration. If asked, provide a driver’s license.
2. Render Reasonable Assistance: Arrange for the injured person to receive necessary medical treatment.

The penalties for leaving the scene of an accident involving a minor injury can include probation, 0.5 to 2.5 years in prison, and a three-year license revocation.

Serious Injury or Death (ARS 28 661)

When the accident results in serious physical injuries or death, you must:

1. Stop at the Scene: Provide the driver’s name, address, and vehicle registration. If asked, provide a driver’s license.

The penalties for leaving the scene of an accident involving serious injury or death depend on whether you are found at fault or not.

• If you are found at fault, the penalties can include probation, 3 to 12.5 years in prison, and a 10-year license revocation for accidents involving death or a 5-year license revocation for accidents involving serious injury.
• If you are found not at fault, the penalties can include probation, 2 to 8.75 years in prison, and a 10-year license revocation for accidents involving death or a 5-year license revocation for accidents involving serious injury.

Administrative and Civil Penalties

In addition to the criminal penalties, hit and run offenses can also result in administrative and civil penalties.

Administrative Penalties

Every state imposes administrative penalties related to your driver’s license for hit and run convictions. These penalties are separate from the criminal punishment and are typically imposed by the Department of Motor Vehicles. Depending on the state and the nature of the accident, administrative penalties can range from a six-month license suspension to a lifetime revocation.

Civil Penalties

If you are at fault for a hit and run accident, you may also face civil lawsuits from the injured parties. These lawsuits can seek monetary compensation for medical bills, lost wages, property damage, and more. In some states, punitive damages or treble damages may be awarded, which can significantly increase the amount you are required to pay.

It is important to note that civil penalties are not covered by car insurance policies, meaning you would have to pay these damages out of your own pocket.

How Hit and Run Affects Car Insurance

In addition to the legal consequences, hit and run incidents can have a significant impact on your car insurance. Many insurance companies have policies that allow them to cancel your coverage if you are convicted of a hit and run offense. Even if your policy is not canceled, you can expect your premiums to increase significantly.

What to Do in a Hit and Run Accident

If you find yourself involved in a hit and run accident, it is important to take the appropriate steps to protect yourself legally and ensure the well-being of those involved. Here are some guidelines to follow:

1. Stay at the Scene: Always stop at the scene of an accident, regardless of the severity.
2. Check for Injuries: Assess if anyone is injured and provide assistance if needed.
3. Call Emergency Services: Dial 911 or the local police if there are injuries or significant property damage.
4. Gather Information: Exchange contact and insurance information with the other party involved in the accident.
5. Document the Scene: Take photos of the accident scene, including damage to vehicles and property.
6. Report the Incident: Contact the police and provide them with all relevant information about the hit and run.
7. Contact Your Insurance Company: Notify your insurance company about the accident and provide them with all the details.

It is crucial to consult with a hit and run attorney if you are involved in such an incident. They can guide you through the legal process and help protect your rights.

Conclusion

Hit and run accidents are serious offenses that have severe consequences. Whether the accident involves property damage, minor injuries, or even death, leaving the scene of an accident is against the law in every state. The penalties for hit and run offenses can include fines, jail time, license revocation, and even civil lawsuits. It is always best to stay at the scene of an accident, provide assistance, and fulfill your legal obligations. If you find yourself involved in a hit and run incident, seek legal guidance to navigate the process effectively and protect your rights. Remember, responsible driving and accountability can prevent unnecessary harm and legal trouble.

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