Can you leave the scene of an accident after exchanging information?
You just had an accident and because you know well that it’s a crime to illegally leave the scene of an accident. You went ahead and exchanged information with the other driver.
Recommended reading: Hit and run lawyer near me – why do you need an Attorney for victims and criminals who left the scene of an accident?
Can you now leave the scene of an accident after exchanging information with the other party?
If you are looking for a quick answer, yes are free to leave the scene of an accident after exchanging your contact information, but this depends on the circumstances of the accident, laws in your area of jurisdiction, and whether there were injuries/deaths or not.
This article digs further and brings you circumstances where you are free to leave the scene of an accident, and incidents where exchanging information with the other party is not sufficient enough for you to leave. Ready, let’s dive in!
Page Contents
What is a hit and run accident?
A hit and run accident refers to any road traffic accident where one or more of the drivers involved illegally leaves the scene of an accident.
Almost all states here require drivers to stay at the scene of an accident and do the following legal obligations.
- Exchange contact information with people involved in the crash
- Share insurance information ie insurance companies and policy numbers
- Render help if there are injuries
- Report the crash to the authorities.
What is a hit and run crime?
A hit and run crime occurs when one of either of the drivers flees the scene of an accident without observing the above-mentioned legal obligations.
Depending on the severity of the accident, the driver that fled the scene of an accident could be charged with a hit-and-run felony or a misdemeanor.
Further reading: What happens if both drivers leave the scene of an accident?- hit and run lawyer tips
Charges of a hit and run misdemeanor imply that there were only property damages or no injuries. In some states, minor bodily injuries are classified as a hit and run misdemeanor too.
On the other hand, you will be charged with a hit and run felony if you illegally left the scene of an accident, and there were severe bodily injuries and fatalities.
What should happen immediately after the accident has taken place?
All drivers have a legal obligation to stop at the scene of an accident and wait for authorities. In fact you need to be discharged by the police that responded to the accident.
In addition, you will need to gather information, and pieces of evidence in case you caused no accident, call and notify your insurance company and help any person injured.
According to Sam, a hit-and-run lawyer, “the consequences of any hit and run accident are criminal proceedings against the offender, a civil claim for damages incurred by the innocent driver, and any penalties for traffic violations.”
“Though laws with regard to hit and runs vary from state to state, you may spend from 15-25 years in prison if you committed a hit and run felony“, says Sam.
“In some states, severe hit and run cases could earn you life imprisonment on top of other punishments”, concludes Sam.
Can you leave a note after an accident?
Statics have shown that the majority of the hit and run cases involve hitting a parked car. Just like any other auto accident, you must stay at the scene of an accident and do as I already explained.
Another option is leaving a note in the parked car you just hit. The note you left behind should bear all the necessary information as I explained earlier, or else you could still be charged with property hit and run if the information you left is not sufficient enough.
When should you not leave the scene of an accident after exchanging information?
It is usually illegal to leave the scene of an accident after exchanging information. You are required to stay until law enforcement arrives and completes their investigation.
The following are situations where exchanging information with the other party is not enough to warrant leaving the scene of an accident.
Further reading: How much time do I have before the police locate me for a hit and run?
1. Injuries. Do not leave the scene just because you already exchanged information with the other driver if there are injuries involved. You need to assist by transporting the injured to the hospital or calling 911.
2. Fatalities. Leaving the scene of an accident where there were deaths could be catastrophic. You don’t want to spend your life behind bars, do you?
3. Laws in your jurisdiction. probably the law in your state bars drivers from leaving the scene of an accident even if they already exchanged information.
4. You caused the accident. You are more likely to face criminal proceedings, civil claims, and also traffic violation punishments.
When should you leave the scene of an accident after exchanging information?
You are free to leave the scene of an accident after exchanging information with the other driver, only in the following situations.
1. Minor hit and run accident. In most states, exchanging information is enough to warrant leaving the scene of an accident, only when there were property damages or minor injuries
2. Both drivers agreed. the decision remains on the parties involved whether to report the accident or not. If both of you agree and decide to leave, then go ahead and leave.
But you want to be sure that the other driver will not stop few metres a away, call the police and claim to be a hit and run victim.
Conclusion.
According to tips from hit and run lawyers, exchanging information with the other parties may not be enough to warrant leaving the scene of an accident.
Before leaving any scene of an accident, it’s wise to think or find out if the law in your area permits so, or if there were no injuries or fatalities in the crash.
In some states, both drivers must remain at the scene as long as there were damages exceeding a certain amount, for instance, $500.
