If I’m in a Car Accident with No Injuries, What Happens if I Leave the Scene?

No one wants, or intends, to be in a car accident, but everyone should know what to do if they are. If you are in a serious car crash, a minor fender bender, or hit a parked car, do you know what to do?

Each state has its own laws and penalties around hit-and-run accidents. At Solnick Lawyers, we help clients understand their rights and obligations while on Pennsylvania roads, and work to get them maximum compensation for their injuries and property damage after a car accident.

What Constitutes a Hit-and-Run?

In Pennsylvania, you are required by law to stop at the scene of a motor vehicle accident in which you are involved, and return to exchange information and render aid to anyone who is injured. If you do not stop when you are in an accident and make no attempt to notify the authorities of the accident, it is known as a hit-and-run which is a criminal offense.

Misdemeanor Hit-and-Run

Most hit-and-runs are misdemeanors. A misdemeanor is a less serious offense than a felony and will incur a smaller fine or shorter prison sentence. If there is only property damage or minor injuries in the car accident, leaving the scene of the accident will be a misdemeanor hit-and-run.

Felony Hit-and-Run

In Pennsylvania, if someone in a car accident suffers serious bodily injury or dies, failing to stop at the accident becomes a felony hit-and-run. This is a serious offense that will likely lead to a prison term if convicted.

Is Leaving the Scene Advisable?

It is never advisable to flee the scene of a road accident. You will be breaking the law and putting yourself at risk of a criminal record, prison time, a fine, penalty points on your driver’s license, and having your driver’s license suspended or revoked.

You also need to remain at the scene of an accident for your own protection. You should exchange insurance information with the other drivers and give the police your version of events. If your vehicle is damaged or if you sustain injuries in the accident, this information and the police report will be crucial to recovering damages in an insurance or legal claim.

Potential Consequences for Leaving the Scene

Hit and run drivers face criminal, civil, and administrative penalties for their actions.

Criminal Penalties

In Pennsylvania, the penalty for a hit and run accident that only involves property damage is a fine of $2,500 or imprisonment for up to one year, or both.

If someone is seriously injured in the accident, the penalty is at least 90 days’ imprisonment and a mandatory minimum fine of $1,000. 

If a car accident victim dies, the minimum prison term for a hit and run driver is increased to 3 years and the minimum fine is increased to $2,500. 

If the accident victim was seriously injured or died because the hit and run driver left the scene of the accident, the court can increase both the prison sentence and the fine. 

Administrative Penalties

PennDOT (Pennsylvania Department of Transportation) enforces administrative penalties on unsafe drivers. For failing to stop at the scene of an accident that involves property damage only, a driver will get 4 penalty points on their driving record. (When a driver’s record reaches 6 points, they can have their license suspended for a period of time.)

If a driver is convicted of a hit and run, their driving privileges will be suspended or revoked. When they are allowed to drive again, they will automatically start with 5 penalty points on their license. 

Civil Penalties

Hit and run drivers can also face civil action from accident victims and their families. If you have been injured or you have lost a loved one in a hit and run accident, you may be able to bring a civil action against the hit and run driver for compensation for your medical expenses, lost wages, pain and suffering.  There may be other sources of compensation if the hit and run driver cannot be identified.

How to Proceed Immediately Following a Hit-and-Run

Legally, and to protect yourself, there are certain actions you should take if you are involved in a hit and run accident.

• Stop. In any car accident, you are legally required to stop and return to the accident scene.  If no one is injured, you should also move your vehicle out of the roadway, if it is safe to do so.
• Render Aid. If someone was injured in the accident, Pennsylvania law states that you must give reasonable assistance to the injured victim, such as calling an ambulance.
• Call the Police. You must notify the police about a car accident, and it is advisable to stay at the scene of the accident until they arrive.
• Exchange Information. Any drivers involved in the accident must give their name, address, license plate number, driver’s license information, and insurance information to the other drivers and the police. 

When is it Advisable to Leave the Scene?

You should not consider leaving an accident until you have rendered aid or assistance to anyone injured in the accident, notified the police, and exchanged information with the other drivers. If the accident involves property damage only and a law enforcement officer cannot come within a reasonable time, you can leave the scene after exchanging information with the other drivers. If someone is injured, you should not leave the accident before the police arrive.

Consult a Pennsylvania Car Accident Lawyer at Solnick Lawyers for Aid in Your Car Accident Suit

Solnick Lawyers has years of experience helping clients who have been involved in car accidents. We have handled claims involving hit and run drivers, uninsured motorists, difficult insurance companies, and much more. If you have been involved in a motor vehicle accident, we can help you too. Contact the car accident team at Solnick Lawyers to find out more about your right to justice and compensation. Solnick Lawyers is on your side.