How long after a hit and run accident can you be charged?
You just hit a pedestrian while driving under the influence. You panic and drive away from the scene without stopping to help. The pedestrian is left injured and alone.
As you sober up, you are left terrified at the possible outcomes of leaving the scene of an accident. You are worried about possible penalties. And finally, you are still not sure how longer after the hit and run accident you will be charged!
In short, the length of time after a hit-and-run accident that you can be charged depends on state laws, the severity of the accident, and other factors. It varies by state.
But that is not all. In this article I will explore what a hit and run is, deadlines for filing auto accident lawsuits, and stuff like penalties of hit and run. ready? let’s dive in now.
Page Contents
What is a hit and run accident?
In many states, every driver that is involved in an accident must stop at the scene of an accident.
You must stop at the scene and exchange information, render help and report the crash to the police. The driver that leaves the scene of an accident commits a hit-and-run crime that is highly punishable by law.
How long you will be charged after a hit and run will depend on the next factors I am going to explain. These are:
Statute of limitations
How long a person is charged after a hit and run accident depends on the statute of limitations in his/her state.
The statute of limitations is the deadline for filing a civil claim/lawsuit. Beyond the statute of limitations period, the victim loses the right to sue.
For example. If the statute of limitations for car accident injuries in your state is 3 years. You must make sure you file a civil lawsuit against the at-fault driver within less than 3 years.
You will lose your right to sue if 3 years are gone without filing a lawsuit. The hit-and-run driver or any person that fled the scene of an accident will live a free life after 3 years statute of limitations.
Types of hit and run charges
How long you are charged after a hit and run also depends on the type of charge after leaving the scene of an accident.
For instance, the police usually think your insurance company should solve a minor hit and run you were involved in. In most cases, police may not waste their limited resources and time tracking drivers that committed a minor hit and run.
Further reading: What liability car insurance? (Best explained)
Remember, there are 2 types of hit-and-runs. The first one is hit and run felony and the next type if hit and run misdemeanor.
A hit and run felony is a charge arising from a hit-and-run accident involving injuries or deaths.
On the other hand, a hit-and-run misdemeanor occurs when the accident involves only property damages. A minor hit and run is another synonym for a hit-and-run misdemeanor.
Penalties for misdemeanor hit and run
The penalties for a misdemeanor hit and run depends on the circumstances of the accident, local laws, and the outcome of the accident.
Your penalties will also vary from state to state. Below are 3 examples of 3 states.
1. In Texas. the penalties for misdemeanor hit and run are fined between $200-$4,000, and jail time for a period between 6-12 months.
2. In Florida, a misdemeanor hit and run is punishable by up to 60 days in jail, and up to $500 in fines.
3. In North Carolina, a misdemeanor hit-and-run offense carries a maximum sentence of 120 days in jail and a maximum fine of $5,000.
Penalties for felony hit and run
You will be convicted of a felony if you left a scene of an accident involving injuries and or deaths. Below are examples of penalties for 3 chosen states.
1. In Texas, Leaving the scene of an accident involving death or serious injury is a third-degree felony. This crime is Punishable by 2 to 10 years in prison.
2. In Florida, the penalties for a felony hit and run depend on many factors, some I already mentioned. On a bad day, you could be punished with up to $10,000 in fines, and up to 30 years in prison.
3. You might receive a sentence of up to 41 months in jail if you fled the scene of an accident, depending on the type of felony you committed.
Additionally, your driving rights could be revoked or suspended depending on the outcome of the accident, previous criminal history, and other circumstances of the accident.
Further reading: AVERAGE SETTLEMENT FOR CAR ACCIDENT NECK AND BACK INJURY?
If you committed a felony hit and run, expect your case to stay open forever. This means police will stay hunting for you, right from the day of fleeing the scene of an accident.
Factors affecting the type of hit and run charges
The following are factors that can affect the type of hit-and-run charges include:
1. Severity of the accident. The severity of damages and injuries will affect the type of charge police will slap on you. You will face felony charges if the accident was more devastating with fatalities or injuries.
2. Criminal record. Expect harsh punishments if it’s your subsequence hit and run offenses. Other previous traffic violations are likely to anger the jury and amplify your charges.
3. Type of injury. Severe injuries imply serious charges and penalties. On the other hand, you may never be charged if you committed a minor hit and run.
4. Property damage. I already said that property damages are punishable as a misdemeanor. Remember we have different classes of misdemeanors, right? Your charges will be severe if there is extensive property damage.
5. Cooperation with authorities. You may have out of panic fled the scene of an accident, but you later turned yourself in. Maybe you cooperated with the authorities. All these will lessen your charges.
Prosecutors’ discretion
Finally, whether you are charged with a hit and run or not depends on the prosecutor’s discretion.
To face any charges, or to convict someone of a hit and run, prosecutors must prove beyond a reasonable doubt that:
- The accident occurred.
- The accused driver was driving
- The defendant knew the accident happened.
- The defendant willfully refused to stop at the scene and,
- the financial damages suffered by the victim were a result of the accident.
In short, the severity of the accident, the driver’s criminal record, the type of injury, and the amount of property damage caused by the accident can all influence your charges and potential penalties.
How long after a hit and run accident can you be charged in Texas?
How long after a hit and run accident can be charged in Texas is not specific and will depend on many factors I already explained.
What is clear is that the statute of limitations for filing hit-and-run lawsuits in Texas is 2 years. The specific charges for leaving the scene of an accident depend on the degree of damages and injuries.
In Texas, police will charge you on the day they get sufficient evidence that incriminates you. You could be charged right at the date of an accident, or weeks, months, and years after.
How long after a hit and run accident can you be charged in Florida?
In Florida, the statute of limitations for a hit-and-run accident depends on whether you suffered harm or lost a loved one. It is generally 4 years for personal injury and 2 years for wrongful death.
Depending on the nature of evidence in possession of the police, expect to be charged days, weeks, months, and after years in Florida.
How long after a hit-and-run accident can you be charged in nc?
In North Carolina, there are a variety of sanctions for hit-and-run incidents, including fines, jail time, and civil penalties. It’s critical to notify your insurance provider of the accident as soon as you can.
Just like in the above states, it’s not clear when you will be charged by police after fleeing the scene of an accident.
How to get out of a hit and run charge?
Leaving the scene of an accident is a serious offense and you will face hit-and-run charges once you are found guilty. If you are facing a hit and run charge, there are several defenses that may be helpful in fighting the charge. These are:
1. You were not aware of the accident. This is the most important defense in any hit-and-run case. If there is a way you can prove this to the jury, your punishments could be lessened.
2. You were not the driver. There are incidents where you were not the driver of the vehicle that was involved in the accident.
You will not be held responsible if someone else was the driver. But you may be accused in a civil suit for negligently lending your car to a negligent driver that caused the accident.
3. No proof of damage or accident. If there is no proof that the accident occurred, or there is no proof of damages, your charges could be dropped or trashed out of courts of law.
4. You were not aware of the extent of the damage. You could have stopped at the scene but did not notice the extent of damages or severity of injuries.
As I have been saying in my other articles, not all car damages become obvious at the time of the accident. On the same note, its not a must that all the bodily injuries show up on the very day of the incident.
It’s very important for you to remember that leaving the scene of an accident can result in criminal penalties, administrative penalties, and/or civil penalties.
To be on the safer side, I highly recommend speaking to a hit and run attorney. You could take the case to be simple only to be imprisoned for many years.
I actually have a friend who spent 3 years in prison for hit and run accident he did not cause. Yes, you may be charged with the crime even if you did not cause the accident.
Conclusion.
The length of time by which a prosecutor has to file criminal charges for a hit and run accident depends on state laws, the severity of the accident, and other factors.
The statute of limitations for hit and run accidents varies by state, ranging from one to six years.
Source
- How long after a hit and run accident can you be charged? source: https://www.shouselaw.com/ca/blog/how-long-after-a-hit-and-run-accident-can-you-be-charged/
- FELONY HIT AND RUN. source: https://www.lacriminaldefenseattorney.com/driving-crimes/felony-hit-and-run/
- What You Should Do if You’re Involved in a Hit-and-Run. Source: https://www.idrivesafely.com/defensive-driving/trending/what-exactly-hit-and-run-accident
- Leaving the scene of an accident. Source: https://www.bostoncriminaldefenselawyers.com/leaving-the-scene-of-an-accident.html
