I panicked and left the scene of an accident, what are the implications?
You have always been the calm and responsible driver behind wheels and everyone knows it. One cool evening, you are enjoying your ride when all of sudden, whack! a motorcyclist had a head-on collision with your car and you notice a gush of blood down his nose.
You look side and side and notice no one is seeing. You are aware of the penalties of leaving the scene of an accident but upon close examination, the casualty seems to soon be “joining his own maker”.
Out of fear of the bloody sight, you chose to flee or leave the scene of an accident. what should you do after calming down your nerves?
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Do you need to call the police or a hit ad run lawyer? Do you turn yourself in, or take your chances and see if police will ever find you for hit-and-run charges?
Well, the above example is a hypothetical one but it’s quite obvious many drivers choose to leave the scene of an accident even when they are aware of potential consequences like prison/jail time, fines, and suspension of driver’s license.
This article examines possible things you should do after you panicked and left the scene of an accident. I will also help you understand the possible legal consequences and how you can overcome such a scenario. Ready, let’s dive in now.
Page Contents
Leaving the scene of an accident- what does it mean?
In all states, traffic laws require every driver involved in the accident to stop at the scene and share his contact and insurance information.
Additionally, you are also required by law to stop at the scene and render help if there are injuries or deaths, and also you should report the accident to the authorities.
Failure to comply with what I said in the last 2 paragraphs implies that you just committed a hit-and-run crime, which is highly punished by law. But, is leaving the scene of an accident the same as a hit and run? read on!
Leaving the scene of an accident Vs a Hit and run
It’s true many people use the terms “leaving the scene of an accident” and “a hit and run” to refer to the same thing, and in fact, many people do not know the differences.
Below are how I define the terms “leaving the scene of an accident” Vs “hit and run”.
1. Leaving the scene of an accident. This is the act of departing the location where an accident occurred without stopping to fulfill your state’s legal obligations.
Though this may vary from region to region, your legal obligations include providing your identification and contact information to all parties involved in the accident.
Additionally, just as I already said, you must also stop at the scene and render help to anyone in need, and also in certain circumstances, you must invite police to the scene to compile a crash report.
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In all states, leaving the scene of an accident is considered a legal offense and can result in penalties. will you remember this very statement? please do!
2. Hit and run. A hit-and-run refers to a situation in which the driver(s) involved in the accident flees, or does not stop at the scene of an accident to fulfill his/her legal obligations.
“The term hit and run, emphasizes the fact that the driver struck another vehicle, pedestrian, or property and then fled without taking responsibility”, says Thierry Marceaux, a car accident attorney in Georgia.
A hit and run is a criminal offense and according to Thierry Marceaux, it has more consequences compared to just leaving the scene of an accident. So, did you get the differences now?
Well, the difference between “a hit and run” and “leaving the scene of an accident” is that the word “hit and run’ is used by police while charging you for the crime, whereas, the term “leaving the scene of an accident” is used by legal officers while explaining the type of your offense.
So, your charge sheet in courts of law will bear the term “a hit and run crime” while your lawyers will defend you for “leaving the scene of an accident”.
Understanding the Panic Response and leaving the scene of an accident.
One of our natural responses to danger is flight and fight. It’s our natural instinct to flee away from stressful events or engage in a fight if it’s one of the options that will set us free.
Just like any other stressful or horrifying event, getting involved in an accident is one of the events drivers usually don’t think twice about before fleeing regardless of the possible punishments awaiting.
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A few of the psychological factors why people panic and leave the scene of an accident are fear of seeing blood, panic from seeing a person dying, and the thought of being the one that contributed to someone’s death.
Reasons for Panicking at the scene
One of the reasons drivers leave the scene of an accident is panic. Below are the reasons for panicking at the accident scene.
1. Fear and shock. We all know that experiencing or witnessing a car accident is very distressing. The intensity of the events will easily trigger fear and shock which clouds our thinking. Drivers end up making wrong decisions out of emotional states.
2. Anxiety about consequences. once you are involved in an accident, there is a likelihood of worrying about the legal consequences, financial obligations, and damage to your reputation.
These anxieties may contribute to a sense of panic and you may end up making impulsive decisions like leaving the scene of an accident.
3. Lack of knowledge or understanding. “Some people do not know the legal requirements, or the proper procedures to follow right after the accident”, says Aristides Diaz, a hit-and-run lawyer at Morgan and Morgan.
“This lack of awareness, can lead to confusion and hence we end up blindly leaving the scene of an accident”, concludes Aristides Diaz.
4. Guilt or fear of punishment. According to statistics, most hit-and-run accidents are committed by youthful drivers who are driving under the influence (DUI), driving with expired or suspended licenses.
In such scenarios, fear is likely to cloud the driver’s consciousness because they know they are likely to face the authorities, not forgetting the shame. Out of impaired thinking, such drivers end up committing a hit-and-run.
5. Social anxiety or fear of confrontation. Assume you are a guy who struggles with social anxiety or has a fear of conflict. Being involved in an accident and having to interact with others, such as other drivers, witnesses, or law enforcement, can be extremely distressing.
Such anxiety or fear of confrontation may intensify panic feeling and you may end up fleeing the scene of the accident.
Legal and Moral Responsibilities
It’s now quite clear to you that you have a legal obligation of staying at the scene of an accident or else you will face harsh penalties. I explain examples of penalties later in this article.
Morally, you don’t want to be labeled the driver who was involved in the accident but contributed to the deaths of others when you chose to flee the scene.
It’s a human duty to act humanitarian toward others. You may directly contribute to the death of someone or make their injuries worse by fleeing the scene of an accident.
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Additionally, you are also legally required to stand firm and face the repercussions of your mistakes/actions. Fleeing the scene implies evading your legal responsibilities thus you must face the consequences in a hard way.
Consequences of Leaving the Scene
If you asked 50 policemen from 50 different states across the USA, I believe everyone would come up with a rightfully different answer. This is because traffic laws vary from state to state.
Generally speaking, the following are some of the consequences of leaving the scene of an accident.
1. Effects on your auto insurance. Criminal charges of a hit and run imply risky drivers which in turn will result in increased insurance rates.
2. prison or jail time. Leaving or fleeing the scene of an accident is a criminal offense.
If you committed a hit and run involving deaths or injuries, we call that a severe form of a hit and run or a felony. Depending on the circumstances of the crash and laws in your state, you could spend up to 15-25 years in prison.
On the other, a minor hit-and-run accident also called a misdemeanor hit and run is the type of crime where the accident involved minor injuries or property damages only.
One of the penalties for misdemeanor hit and run is a jail time of up to 24 months.
3. Fines. Drivers that are found guilty of leaving the scene of an accident will be subjected to paying fines.
Depending on where you come from, the severity of the hit and run, etc, you may be asked to pay up to $20,000 as monetary fines.
4. Suspension/revocation of your driver’s license. One of the criminal penalties of a hit and run is the revocation or suspension of your driver’s license. In the worst-case scenario, you may have your driver’s suspended for 24 months if it’s not revocated.
5. Points on your registration. Both felony & misdemeanor hit and run result in points on your registration. In some states, you may get 2 points for a minor hit and run or 6-8 points for a felony.
6. social and moral implications. Your reputation is likely to be damaged just because of a recent hit and run, especially if you caused the accident in addition to fleeing the scene.
Steps to Take After an Accident
Instead of fleeing the scene, the following are steps you should take after an accident.
1. Stop at the scene. It’s your legal obligation to stop right at the scene and observe everything that I already explained earlier in this article.
2. Check for injuries. Help by transporting the injured to the hospital or call 911. You do not want to spend up to 25 years in prison because someone was injured in the accident whose scene you illegally left.
3. Document the incident. One of the consequences of any auto accident I forgot to mention is civil claims. You may be sued to compensate the victims that incurred injuries/damages due to your negligence.
4. Exchange information. Make sure you didn’t leave the accident when you did not exchange information with the other parties involved, regardless of whether you intend to file compensation from insurance or not.
“The other driver may trick you into not exchanging contact and insurance information only to stop a few distances away from the scene, and report to police that he/she is a victim of hit and run”, says Angelica Simpson, an attorney in Phoenix.
5. Report the accident to the police. Wait for the police to arrive and make sure the police compiled a crash report and if possible you have access to a copy.
There are instances where certain police officers, for unknown reasons refuse to compile a car accident police report. This may have negative implications on your side especially if you are not at fault for the accident.
The other driver may decide to twist things against you. Also, though insurance companies do not heavily rely on what is stated in the police report, the facts stated in the crash report may make your claim settlement easier.
Overcoming Panic and Acting Responsibly
Even the strongest person amongst us can easily be shaken if he/she is involved in an auto crash. Panic is sometimes an involuntary response that needs effort and carefulness to overcome it.
According to Angelica Simpson, The following are practical pieces of advice on how to overcome panic in the event of an accident:
1. Deep breathing. This is a common practice that has been adopted by the majority of us. I hope it’s the only technique many of us have employed in moments we feel tensed up, right?
2. Focus on staying calm. Do not let the effects of the adrenalin rush get the better of you. You do not want to mess up in such moments where you are likely to face many punishments due to your poor decisions.
3. Remember the legal and moral responsibilities. The constant reminding self that it’s the stupidity of the highest level to illegally leave the scene of an accident could help you gather the efforts to stay at the scene.
For instance, the thought of spending up to 30 years in prison, or being sentenced to life imprisonment by just fleeing the scene of an accident involving deaths or injuries should be enough to force you to stay at the scene.
Conclusion.
If you asked many hit-and-run offenders the reason why they left the scene of an accident, I am sure many would answer, “I panicked and left the scene of an accident“.
If you are one of the group, I highly advise you to consult the attorney as soon as possible and consider turning yourself in.
If you panicked and left the scene of an accident, You must know that Leaving the scene of an accident without following proper procedures is illegal and can result in legal consequences/implications.
Instead of fleeing the scene, Prioritize safety, exchange information, document the scene, and report the accident. Seek legal advice if needed.
Source/References:
1. Traffic laws and driving rules, website: https://www.progressive.com/lifelanes/on-the-road/common-traffic-laws/
2.Hit and Run Offenses & Legal Penalties | Criminal Law, website: https://www.justia.com/criminal/offenses/traffic-offenses/hit-and-run/
3. Leaving the Scene of an Accident. Website: https://www.hg.org/legal-articles/leaving-the-scene-of-an-accident-34319
