What happens if both drivers leave the scene of an accident?
Picture this: two cars collide on a quiet street. It’s a chaotic scene with shattered glass and dented bumpers. But suddenly, you and the other driver hit the accelerator and flee the scene, leaving behind a perplexed witness scratching their head.
well, sounds like a scene straight out of an action movie, right? but believe it or not, it’s a situation that can happen in real life. So, what happens if both drivers decide to make a run for it?
Is it considered a hit and run if both parties bolt? Let’s dive in and explore the legal twists and turns of this unique scenario as we try to make sense of what could happen if both drivers illegally leave the scene of an accident.
If you are looking for a quick answer, here we go!
Both drivers leaving the scene of an accident can result in legal consequences such as fines, license suspension, and criminal charges. It is illegal and not advisable.
But that’s not all! Buddy, Hold on tight, as we dig into the potential legal repercussions of this unexpected turn of events. Alright.
Page Contents
What does leaving the scene of an accident mean?
I have to admit that giving you the right answer to this question is hard. This is because, there are 50 states here in the USA, and each state has different laws regarding leaving the scene of an accident.
But wherever you could be reading this article from, there are various illegal consequences of illegally leaving the scene of an accident, but of course, this depends on the circumstances of the crash, laws in your area, and the possible damages/injuries.
Generally speaking, all drivers involved in the accident are mandated to stop at the accident scene and do the following.
1. Exchange contact information. The other driver(s) has a right to know your name, address, contact, address, registration, license plate number, etc.
2. Exchange insurance information. I do not know where you are reading this article from but, most likely, you are not allowed to drive uninsured.
Insurance coverage will help you pay off others whose cars you damaged or those who got injured due to your negligence or reckless driving.
If you caused an accident, the other driver will be compensated by your insurance company. He/she will file a claim against your liability car insurance policy.
3. Report the accident to the police/authorities. Well, we all know that we should invite the police to the accident scene, right? Yes, the law requires you to report car accidents and police should be invited to complete a police crash report.
Other ways of reporting auto accidents are by walking to the nearby police department or completing the forms online.
Additionally, you are not supposed to report any car accidents to the police, right? In some states, you must report crashes only when there were significant damages or injuries/fatalities, as I will explain later.
4. Render help. If you are involved in an accident in which people died or got injured, the law requires you to stop by and render help. It’s highly punishable by law if you left such scenes leaving people to die helplessly.
What are the punishments for leaving an accident before police arrived?
This also has many answers. For instance, there could be more than 50 right answers if you are reading this from USA, since hit-and-run laws vary from state to state.
“Some of the punishments for leaving the scene of an accident include vehicular manslaughter, hit and run charges, community service, and so many others, depending on the damages/injuries that resulted from the crash”, says Johnson, a car accident lawyer.
“If you illegally left the scene of an accident, your hit and run penalties may include jail time, fines, probation, and or suspension/revocation of your driver’s license”, concludes Johnson, an attorney from Abbott & Kindermann LLP.
Is leaving the scene of an accident a felony in California?
A hit-and-run felony is a charge slapped on you if left an accident scene in which there were injuries or fatalities.
On the other hand, if the accident resulted in only property damages or minor to no injuries, you will be charged with a hit-and-run misdemeanor.
Therefore, depending on the circumstances of an accident, laws of your jurisdiction, and injuries/damages, yes leaving an accident scene in California could be a felony or a misdemeanor.
What is the punishment for leaving the scene of an accident in Texas?
The punishment for leaving the scene of an accident in Texas depends on whether you committed a hit-and-run felony or a hit-and-run misdemeanor.
The punishment of hit-and-run felony in Texas is somewhere between 2-10 years in prison and up to $10,000 in fines.
Minor hit-and-run charges in Texas of course are less than the mentioned. For instance, leaving the scene of an accident where there is only property damage or minor injuries could result in fines of $200 up to $500, depending on the damages.
What happens if you leave the scene of an accident in NY?
Leaving the scene of an accident in New York where there are injuries or deaths could result in 2-7 years in prison.
“A misdemeanor hit and run penalty in New York could result in fines of $500- $1,000, and up to 90 days in jail”, says Liz, a hit and run lawyer at Abramson Smith Waldsmith, LLP, California.
What is the penalty for leaving the scene of an accident in PA?
In PA, expect a fine of $300 and jail time of up to 90 days if you committed a minor hit-and-run crime (misdemeanor hit-and-run). A hit-and-run felony in PA will earn you a minimum prison time of 3 months.
Is it a hit and run if both parties leave?
If both drivers agreed with each other and left the scene of an accident, then there will be no case, and no one will be charged with a hit and run crime.
Police are invited to the scene by the drivers involved or any person that is injured or affected by the crash. A non-reported crime is not a crime, not until someone reported it to the authorities.
At the same time, there should be property damages, injuries, or deaths for it to be called a hit and run crime. “If both drivers left the scene of an accident and there are no injuries/ deaths or property damages, this implies there is no hit and run case to answer”, concluded Attorney Liz.
Leaving a scene of an accident becomes a hit and run if the accident caused personal injuries/deaths and or property damages, and one of the drivers reports it, or files a claim for his/her damages.
What happens if I panicked and left the scene of an accident?
Leaving the scene of an accident is illegal across all 50 states here in the USA. According to Liam, a hit and run attorney at Abbott & Kindermann LLP, leaving the scene of an accident has both criminal and civil implications.
The civil implications of a driver that leaves the scene of an accident include paying damages. If you committed a hit and run and you are also at fault for the accident, the victim will sue you for compensatory and punitive damages.
You will have to pay monetary damages to the victim who suffered out of your negligence. You must pay damages like medical expenses, emotional distress, lost wages, mental anguish, and pain and suffering.
The criminal implications of leaving the scene of an accident include jail time/ prison time, fines, and suspension/revocation of your driver’s license.
Irrespective of why you left the scene of an accident, Leaving the scene of an accident (hit-and-run) is generally illegal and can result in criminal charges, license suspension, civil liabilities, warrants for arrest, and increased penalties. It’s important to follow legal procedures.
“But, if you or your attorney can prove that you were not aware an accident occurred, a reason you did not stop at the scene of an accident, then your charges could be suspended/dropped or lessened”, concluded Attorney Liam.
If someone leaves the scene of an accident, are they automatically at fault?
Leaving the scene of an accident is a criminal case, whereas determining a car accident fault falls under the civil liability part of the accident.
What I also need to tell you is that, inviting police and completing the report does not determine who is at fault for the accident. The police report only finds out the criminal elements of the car accident as opposed to civil actions.
Having that said, insurance companies still look at car accident police reports to make their own conclusions as far as accident fault is concerned.
For example, a police officer could issue a citation to one driver but the insurance company later comes up with a different conclusion as far as fault is concerned.
In short, a driver that leaves the scene of an accident faces criminal charges but of course, such a driver is not automatically not at-fault for the accident.
You will need to defend hit and run crime in a criminal court. Additionally, hit and run civil actions are filed and defended in civil courts of law.
What happens if you leave the scene of an accident and it’s not your fault?
Committing a hit and run crime has nothing to do with whether you were at fault for the accident or not. What matters is that you illegally left the scene of an accident.
You may not have caused the accident but still be found guilty for hit and run crimes. In simple, you must stop at the scene of the crash and do as I already explained earlier in this article.
Make sure you exchanged information with the other driver or stopped to render help before fleeing the scene of an accident.
Leaving the scene of an accident under mutual understanding does not deter the other driver to stop down the road and call the police complaining about being a hit and run victim.
“Even if the accident is not your fault, leaving the scene without following legal procedures can still have consequences. It may result in criminal charges, license suspension, civil liabilities, warrants for arrest, and increased penalties.”, adds Dolan, a car accident attorney in San Fransico.
According to Dolan, “It’s important to stay at the scene, exchange information, and report the accident to authorities”.
Conclusion.
According to hit and run lawyer, here are tips on what happens if both drivers leave the scene of an accident.
The simple answer I can give you is that both drivers leaving the scene of an accident (hit-and-run) can complicate the legal situation.
According to the hit-and-run lawyer’s point of view, you should refrain from fleeing the scene of an accident, but endeavor reporting the accident, collecting evidence, seeking legal advice, avoiding self-incrimination, cooperate with authorities, and considering turning yourself in.
Source:
1. hit and run statute. Website: https://www.law.cornell.edu/wex/hit_and_run_statute#:~:text=A%20hit%20and%20run%20statute,the%20severity%20of%20the%20accident.
2. List of Criminal Charges. Site: https://www.findlaw.com/criminal/criminal-charges/view-all-criminal-charges.html
3. What Is a Hit and Run? Site: https://www.lemonade.com/car/explained/hit-and-run-accident/
4. Leaving the Scene of an Accident. site: https://www.hg.org/legal-articles/leaving-the-scene-of-an-accident-34319
