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After analyzing over a decade’s worth of data, AAA estimates that there are around 682,000 hit-and-run accidents across the country every year. If you get involved in a car accident, then it’s important to understand that leaving an accident scene is not only careless but could also be a criminal offense depending on the circumstances.
If you’re on the receiving end of a hit-and-run, then you might wonder how you’ll be able to recover from the losses associated with the crash. This will be especially hard if the police are not able to identify the other involved driver.
The good news is that there are always options. Learn more about leaving the scene of a car accident, how it impacts potential car accident claims, and what to do if you get hurt by a hit-and-run driver below.
What Happens When You Leave the Scene of an Accident?
If you’ve never experienced an accident before and you get into a crash, then your natural tendency may be to panic. Your body will immediately deploy lifesaving chemicals like adrenaline into your body, which can put you into a flight or fight mentality. Unfortunately, fleeing a scene of an accident can seem like a good idea when you’re in this mode.
Leaving the scene of a crash has immediate consequences. For one, if the other person was injured, then they may not be able to immediately call for help. Unfortunately, they may be unable to get the help they need until their injuries have become way worse and the situation has become more dire than it needed to be. Another problem is that you could potentially be breaking the law.
When you know what to do after a crash, you’ll opt to stay at the scene, call for medical help if necessary, report the incident to the police, and handle the collision with everyone’s safety in mind.
Below, we’ll go over a few different scenarios involving leaving the scene of a crash and how it could impact a potential legal claim or criminal case.
Scenario One: Someone Hit My Car and I Left the Scene
While it doesn’t happen too often, you could get hit, struck, or suffer some kind of property damage to your car and not realize it right away. You might leave the area only to discover later that your car is scratched or damaged. For instance, you could get hit while parked at a grocery store and only discover the damage when you get home later.
In these cases, you’ll want to know how to report an accident after the fact. Simply call your non-emergency police department number to file an official report. The authorities will ask questions about the incident, record your driver’s license number, document your license plate number, and inquire about your insurance details. From there, they’ll file the official report and begin investigating what happened. One of the biggest consequences of leaving the scene of an accident in this type of scenario is that valuable evidence at the scene might have been lost over time, making it more difficult to determine who caused the damage and hold them accountable.
Scenario Two: I Rear-Ended Someone and They Left the Scene
Another scenario that could involve leaving a crash scene is when you hit someone else, and they decide to flee the scene of the crash. This type of situation can feel very confusing because you may question your own accident scene responsibilities. After all, the other party is the one who left without talking to you or reporting the accident.
If you experience this, then it’s important to follow normal procedures. Contact the police to inform them about what happened so they can initiate their accident investigation procedures and file a report. Taking this step protects you from getting charged with a crime later if the other party attempts to claim you are the one who left the scene. It also protects you in the event that the other person later files a lawsuit. If the other party claims a lawsuit against you, then you can argue that they left the scene of the crash while you stayed to file a report, which contributed to the extent of their damages. By making this argument, you’ll likely reduce your own liability for the other party’s damages.
Scenario Three: Someone Hit My Car and They Left the Scene
One of the most common types of hit-and-run situations happens when someone hits you and they drive off. In these situations, you need to make an official police report on the hit and run situation. Filing a report is beneficial in a multitude of ways. For one, the police will come out to the scene, make the report, and begin an investigation into what happened. For another, the right accident injury reporting protects your rights in case you need to seek out a claim for your medical bills, lost wages, or property damage.
Get the medical care you need. Next, reach out to an attorney to learn more about your options for financial recovery.
Penalties for Leaving the Scene of a Car Accident
If you do leave the scene of a car accident, then you could face charges for fleeing. The punishment for leaving the scene of an accident varies based on state law where the accident happens. In California, the penalty for leaving the scene of an accident is getting charged with a misdemeanor, facing up to six months in jail, and getting fined up to $1,000. If no one was injured in the accident, then you won’t lose your driving rights. If someone was hurt, however, then you could potentially face felony charges. Felony charges come with far greater punishments including a minimum of 90 days in jail but up to four years in prison. You will also face a driver’s license suspension, fines of up to $10,000, and victim restitution fees.
![Suspended driver's license with concerned person and police officer in background.](https://cdn.prod.website-files.com/652e1638fff61bfa43a2fe4e/668fa416bcda2a9cf4b1d464_668f88ce3182e34c7236e608_driver%20license%20suspended.webp)
I Panicked and Left the Scene of an Accident: What Do I Do Now?
Are you currently thinking – “Help! I panicked and left the scene of an accident.” If so, then take a deep breath. The best thing you can do in your situation is to seek out reputable accident lawyer advice about what to do in your specific circumstances. When you seek out car accident lawyer assistance, your lawyer will be able to inform you regarding state laws on hit and run offenses, the potential consequences of reporting the accident late, and the implications of not reporting the incident at all. They’ll consider your personal interests, the interests of the victim, and your best legal options before helping you reach a conclusion on how to handle the matter.
Do You Need the Help of an Accident Attorney?
Kermani LLP was established in 2011 by our lead attorneys with one goal in mind – to become the best court litigators for our clients. When it comes to leaving the scene of a car accident, our team is prepared to take your claim to trial if the other party refuses to take accountability and pay you what you deserve. We also won’t shy away from potentially pursuing criminal charges for fleeing if that’s the avenue you want to go down. Keep in mind that a guilty verdict could be considered evidence of fault in a civil claim.
If you’re struggling to cope with losses after a hit-and-run, then you can rely on our office to fully inform you and advocate for you. Schedule a meeting with our team now to discuss your accident in more detail with our best attorneys.
Every case is unique, so we tailor our approach to meet your specific needs.