Leaving The Scene Of An Accident: State Laws (2025)

What Happens if You Leave the Scene of an Accident?

Leaving the scene of the accident is best avoided in most situations. It may lead to a variety of consequences, such as:

• Criminal charges
• Civil lawsuits
• Driver’s license suspension
• Fines
• Jail time
• Increased insurance premiums

The exact penalties you face depend on the severity of the accident and your state laws.

Legal Duties at the Scene of a Crash

In most states, you have the following duties at a crash scene:

Accidents With Unattended Vehicles

You must make an effort to find the owner. If you can’t, you’ll need to leave a note with your contact information, insurance information, and a brief explanation.

Accidents With Attended Vehicles

You must stop at the scene and exchange information with the driver and report the accident if your state law requires it. If you report the accident, you’re required to stay on the scene until police arrive. If there are any injuries, you must call for medical help and offer assistance.

Penalties for Hit and Run Offenses

Penalties for hit and run accidents vary slightly from state to state. However, most states assign penalties largely based on the severity of the accident.

Accidents Involving Only Property Damage

Accidents that only involve property damage, like hitting a parked car, tend to result in lower penalties than leaving the scene of a crash involving injuries or death. In most states, it’s treated as a misdemeanor offense.

If you're convicted, you will likely have to pay a fine, and you may have to spend some time in jail or on probation.

Accidents Involving Injuries

States generally require drivers involved in accidents with injuries to stop and render aid. Typically, leaving the scene when someone is injured is a felony offense.

Keep in mind that many of the worst car crash injuries can be fatal if the injured person doesn’t receive prompt medical attention. If you leave the scene and the injured person later dies, you will likely face even more serious charges.

Accidents Involving Death

Leaving the accident scene after a death can lead to a serious felony charge. In some states, you may even face charges of manslaughter or vehicular homicide.

Defenses to Leaving the Scene Charges

If you’re charged with leaving the scene, a skilled lawyer may be able to use one of these defenses on your behalf:

• You didn’t realize the crash happened
• You didn’t think you caused any damage
• You weren’t actually driving
• You provided some level of assistance before leaving
• You couldn’t stop due to an emergency

When consulting a lawyer, be as honest as possible about the circumstances of the accident. This will help your lawyer come up with the best defense for you.

What to Do if You’ve Already Left the Scene

If it’s only been a few moments, you should go back to the scene. Otherwise, it’s often a good idea to contact the police to report the crash, but make sure to consult a lawyer first. An attorney can help you decide the best course of action.

Importance of Legal Help in Hit and Run Cases

If you’re caught after leaving the scene of the accident, you may be at risk of facing multiple kinds of legal action, including:

• Criminal Charges: You may face fines, jail time, and other penalties
• Civil Lawsuits: You may be sued for injuries, property damage, or both

To convict you of a crime, a prosecutor must be able to prove you violated state laws.

The standard of proof is lower in civil cases, but the lawyer for the other side must be able to prove these elements of negligence:

• You owed the other party a duty of care, meaning you were obligated to act in a way that avoided harm
• You breached that duty
• Your breach of duty caused the other party harm
• The other party has damages to collect as a result

If you left the scene of an accident where any injuries or property damage occurred, there’s a good chance a skilled car accident lawyer will be able to prove these elements, which could leave you on the hook for thousands of dollars in damages.

Your insurance company might pay for a lawyer to defend you if you are sued for leaving the accident and you have car insurance. If you don’t have insurance, it may be wise to consult a lawyer experienced with car accident litigation.

State-Specific Laws and Variations

Some states impose harsher penalties than others for leaving the scene of an accident. Here are a few state-specific laws:

Virginia

It’s a Class 5 felony to leave the scene of an accident causing injury, death, or more than $1,000 in property damage in Virginia.

Ohio

Leaving the scene after property damage or minor injury is a first-degree misdemeanor in Ohio. Leaving the scene after a major injury is a fifth-degree felony, and leaving after death is a third-degree felony.

Pennsylvania

In Pennsylvania, leaving the scene of a crash with property damage or minor injury is a misdemeanor. Fleeing the scene after a serious injury is a third-degree felony, and leaving after death is a second-degree felony.

California

Leaving the scene of a crash with only property damage is charged as a misdemeanor in California, but leaving after injury or death is a felony.

Have You Left the Scene of an Accident?

If you panicked and left the scene of an accident, you may face civil or criminal legal action. The best way to proactively deal with the situation is to consult an experienced lawyer.

Not sure how to find a litigation lawyer or defense attorney? We can help. ConsumerShield focuses on connecting people like you with skilled nearby lawyers. Fill out our contact form to start with a free case review.