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

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Sarah Edwards

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What happens after leaving the scene of an accident? Quick Answer

Leaving the scene of an accident is a crime in most states, with penalties ranging from fines to felony charges depending on the damage or injuries involved. Legal duties include stopping, exchanging information, and calling for help if needed. Failing to do so can lead to criminal charges, lawsuits, and license suspension.

Summary

  • In most states, leaving the scene of an accident is a crime
  • If you flee the scene, you may face criminal charges, a lawsuit, or both
  • Consult a lawyer for advice on your next steps if you left the scene

Auto accidents can be stressful and disorienting. It can be hard to think after a crash, and sometimes, that leads to major lapses in judgment, like fleeing the scene.

Leaving the scene of an accident is almost always a crime. However, whether it’s a misdemeanor or felony offense depends on your state and the circumstances of the accident itself. Here’s a closer look.

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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.

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.

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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.

Criminal, Civil, and Administrative Penalties for Leaving the Scene

Leaving the scenes of car accidents puts you at risk of numerous types of penalties. Criminal penalties can include being arrested. If the crash resulted in injuries or death and you got charged with a felony, the consequences can be very severe, including leaving you with a criminal record for the rest of your life.

You also put yourself at risk of suffering civil penalties, like facing a car accident lawsuit. This could result in serious spikes in your insurance premiums or no longer being legally allowed to purchase insurance.

There are also administrative penalties for leaving the scene of an accident. You can experience a driver’s license suspension or revocation. Even in more minor accidents, you may end up with a substantial number of points on your license.

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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.

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Charged With Hit and Run? Next Legal Steps

If you panicked and left the scene of the accident, you may be facing hit-and-run charges. Taking a few crucial steps can minimize the penalties you face. It’s essential that you hire an attorney to represent you. They can assess the situation and give you a better idea of what your legal options are.

The type of lawyer you will need depends on the severity of the accident and whether there were injuries or deaths. If that’s the case, you will need a criminal lawyer. If the accident caused only property damage, then you need a civil lawyer. These attorneys typically charge a contingency fee, so you don’t have to stress about upfront costs.

With your lawyer, you can prepare an appropriate defense. If an emergency led you to leave the scene of the crash, that could be used in your defense. You may even have left the scene to get help for those who were hurt. Having clear evidence that shows what emergency you were facing is essential.

Another defense that you may be able to use is that you didn’t know an accident occurred. If the collision was very minor, that could be a strategy to pursue.

In some instances, it may not have been your vehicle that was involved in a crash. If you can show that you were in another location at the time of the accident, you can claim mistaken identity.

Always cooperate with law enforcement. If you receive a notice to appear in court, get there on time to prevent the issuing of a warrant.

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.

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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.

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Frequently Asked Questions

  • Generally, it’s unwise to deal with any kind of criminal charges without legal help. A lawyer can help reduce your risk of facing very serious penalties.

  • Yes. Hit and run laws can apply regardless of who was at fault for the accident.

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