What is the difference between hit and run and leaving the scene of an accident?
You are driving on a blissful day evening listening to your favorite music when suddenly whack! someone rear-ended you. You pull over since you want to follow the traffic laws but to your dismay or surprise, the other driver that rear-ended you is nowhere to be seen.
Now the question is, did the other driver that rear-ended you commit a hit-and-run by leaving the scene of an accident? what is the difference between hit and run and leaving the scene of an accident?
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Which of the 2 terms is used by police/ traffic authorities and which of the 2 terms do lawyers or courts use while working on the case?
Essentially, hit-and-run and leaving the scene of an accident are the same things and can be used interchangeably. However, they are professionally used differently by lawyers and police officers.
In fact, Hit and run and leaving the scene of an accident are two terms that refer to the same act of fleeing an accident without stopping or providing assistance.
This article explores this question and explains how you can handle this dangerous crime in case you just fled the scene of an accident. Below are what this article covers.
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What is a hit and run?
A hit and run simply refers to a crime you will have committed if fled or illegally left the scene of an accident.
I do not know your state’s traffic laws, but what I am convinced of is that, wherever you come from, the law requires you to stop at the accident scene and do the following:
- Share contact and other personal information with the other driver(s)
- Share your insurance information- company and policy number
- Render help if there are injuries or fatalities
- Report the crash to the police/authorities.
A driver that leaves the scene of an accident before he/she observed the above legal obligations commits a hit and run offense. Of course, penalties vary from state to state, or country to country.
Here we go! What about leaving the scene of an accident? read on to get the hang of it!
What does leaving a scene of an accident mean?
Definition of leaving the scene of an accident
Leaving the scene of an accident implies that you, or any of the driver(s) that was involved in the crash fled the scene without observing the legal requirements as far as auto accidents are concerned.
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The 2 terms are used interchangeably by police and prosecutors. The police will use one of the terms to charge you, while your hit-and-run lawyer or any car accident attorney will use another while explaining the case you are charged with. Read on to find out how these 2 terms are differently used.
Legal consequences of hit and run
If you commit a hit and run or you illegally left the scene of an accident, soon or later, you may find yourself battling the following legal consequences.
1. Criminal charges. A driver that illegally leaves the scene of an accident faces criminal charges like fines and jail time/ prison time.
The charges of a hit and run depend on the laws in your area of jurisdiction, the severity of the accident, and other circumstances as I will explain later in this article.
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“Criminal charges of a hit and run fall under either a felony hit and run or a misdemeanor hit and run, and these classifications entirely depend on the outcomes of the crash whose scene you fled”, says Abby Lewis, a personal injury lawyer at Morgan and Morgan.
You will face a felony hit and run if the accident caused severe injuries and or deaths. On the other hand, a misdemeanor hit-and-run charge implies that the accident was minor and or caused only property damages or minor injuries.
Here are a few examples to help drive my points home.
If you live in Arizona, this information is for you. If you committed a hit-and-run involving only property damages, you will face charges of a hit and run misdemeanor.
The penalties for a hit-and-run misdemeanor in Arizona are punishable by a fine of $500, 30 years in jail, and 12 months of probation.
In California, the penalties of hit and run misdemeanor are 12 months in jail and or a fine of up to $10,000. In the same state, the driver that commits a hit-and-run felony faces a punishment of up to 4 years in prison and a fine of up to $10,000.
2. Civil claims. “It’s against the law to cause harm or damage to others”, says Abby Lewis.
“The driver that negligently causes an accident is liable to pay damages to the victim that suffered losses and or injuries. The victim has a right to pursue a civil claim against you if you directly contributed to his injuries/losses”, concludes Abby Lewis
3. Traffic violations. Sometimes you could have violated a traffic regulation, got involved in an accident, and chosen to flee the scene of an accident.
“Examples of traffic violations include: reckless driving, driving under the influence, running a red light, tailgating, exceeding speed limits, texting while driving, etc,”, says Matt Morgan, a personal injury lawyer.
Legal consequences of leaving the scene of an accident
There are many legal consequences of leaving the scene of an accident. If you chose to flee the scene of an accident, the police will charge you with a hit and run crime.
Of course, the consequences of a hit and run and leaving the scene of an accident are the same, but variations come up in different states.
The following are some of the consequences of leaving the scene of an accident, and subsequently hit and run punishments:
1. Criminal charges in which you may face jail time and pay fines. For example, some states impose up to 1 year for a minor hit-and-run, and up to 15 years for a hit-and-run felony.
In some states, you will also pay monetary fines. some states impose a fine of up to $1,000 for a hit-and-run misdemeanor, and up to $20,000 if you committed a hit-and-run felony.
3. Civil claims. The compensation you will pay as monetary damages depends on the severity of damages/injuries the victim suffered.
According to Miller & Zois law firm, the average settlement for a car accident settlement in the USA is between $19,000 – $20,000. I have seen some claims exceed $1,000,000.
If the authorities decide that you are to blame for the accident, be ready to compensate the victim either directly from your pockets or through your insurance company.
3. traffic violations. You are likely to get traffic tickets, and or earn points on your driving license.
Such implications could affect your employment opportunities, getting loans, buying properties, getting insurance coverage, and so many opportunities.
4. Suspension/ revocation of your driver’s license. Depending on the circumstances of the accident, some states could suspend your driver’s license for up to 12 months.
IS LEAVING THE SCENE OF AN ACCIDENT THE SAME AS HIT AND RUN?
To some people, the 2 terms have the same meaning. But, the word “hit and run” is largely used by traffic police to charge you if you left the scene of an accident.
On the other hand, the term “leaving the scene of an accident” is largely used by lawyers (traffic lawyers) explaining in courts of law, the type of crime you committed.
Simply, the word hit and run is used by police to charge the criminals whereas the word “leaving the scene of an accident” is commonly used by prosecutors/lawyers.
How to avoid hit and run and leaving the scene of an accident?
It is essential to avoid leaving the scene of an accident (hit and run) to ensure the safety of all victims and to avoid possible legal consequences.
The following are ways to avoid hit and run and leaving the scene of an accident:
1. Stay at the scene of the accident. I advise you to stay at the scene of an accident even if the accident was minor.
2. Check for injuries. Before you left the scene, ensure that there are no injuries/fatalities. Please, help the injured by transporting them to the hospital or by calling emergency services.
3. Move your vehicle. Move your vehicle to a safe point to avoid further accidents, but do this only if you are sure there are no injuries.
4. Exchange information. You must exchange contact information with the other driver before leaving the scene of an accident. You also need to share your insurance information.
5. Gather evidence. For any conflict settlement, evidence to support your claim or arguments is key to being on the losing or winning side.
6. Report the accident: It’s a requirement by law that all drivers invite the police to the scene to compile a crash report.
In some states, you will need to report accidents where there were injuries or property damages that exceed $500. Better familiarize yourself with the law.
7. Follow up with your insurance company. You also need to notify your insurance company and provide them with all the necessary evidence and information.
Conclusion:
The question of hit and run Vs leaving the scene of an accident is not a simple one to comprehend unless you are a traffic policeman or traffic lawyer.
The only difference between the 2 terms, ie leaving the scene of an accident and a hit and run, lies in the officer that is working on the case/crime.
Traffic police will most likely use the term “hit and run” to charge you if you illegally left the scene of an accident. Once in criminal court, the prosecutor or a traffic officer will use the term “leaving the scene of an accident” to explain the case you are charged with.
Source:
1. HIT AND RUN | English meaning. website: https://dictionary.cambridge.org/dictionary/english/hit-and-run
2. What is a Traffic Violation? website: https://www.findlaw.com/hirealawyer/choosing-the-right-lawyer/traffic-violations.html
3. Leaving the Scene of an Accident. website: https://www.hg.org/legal-articles/leaving-the-scene-of-an-accident-34319
