What Happens If You Leave the Scene of an Accident

Every year in the U.S., hundreds of thousands of hit-and-run collisions occur. When a driver leaves the scene of a crash, the legal and practical consequences can be severe. At Hillstone Law, we help clients understand the risks involved and their rights if injured by someone who fled.

What Happens When You Leave the Scene

In the aftermath of an accident, emotions run high, shock, panic, confusion. You might feel compelled to leave, especially if you fear repercussions. But walking away is rarely a safe or lawful choice.

Leaving the scene can cause serious harm. The other party might be injured and require immediate medical attention. Delaying or preventing aid can worsen injuries. Additionally, fleeing can mean losing or damaging evidence that could help prove fault in a claim or criminal case.

Common Scenarios Involving Leaving the Scene

• You’re hit while parked, then leave
  You return later to discover damage you didn’t notice at the time. In such cases, you must report what you found as soon as possible to law enforcement. Leaving without reporting can weaken your ability to recover or defend yourself later.
• The other driver flees after a collision you were involved in
  If you stay and report the crash, you protect yourself from criminal claims that you fled. It also helps your legal position if the other party tries to shift blame or deny responsibility.
• You get struck by someone who flees
  Hit-and-runs are unfortunately common. Promptly reporting the incident gives law enforcement a starting point to identify the responsible party. It also preserves your right to compensation for medical bills, property damage, and other losses.

Penalties for Leaving an Accident Scene

Penalties vary based on factors such as whether anyone was injured, and the jurisdiction’s laws. In California, the potential consequences are:

• No injuries in the crash
  The offense is treated as a misdemeanor. Penalties can include up to six months in jail and fines up to $1,000. Driver’s license suspension is less likely under these circumstances.
• Someone is injured or killed
  Fleeing in a crash involving injury elevates the offense to a felony. Sentence options may start at a minimum of 90 days in jail and go up to four years in prison. Fines can reach $10,000, and the court may order you to pay restitution to the injured party. Your driver’s license would likely be suspended.
• Collateral consequences
  A criminal conviction may be used as evidence of fault in any civil lawsuit that follows. Insurance rates often jump, and you may face long-term damage to your driving record and reputation.

What to Do If You Panicked and Left

If you left an accident scene because you panicked or weren’t sure what to do, it’s not too late to act responsibly now:

1. Seek legal counsel immediately
   A lawyer familiar with motor vehicle and criminal law can advise your best next steps based on your situation and the applicable state laws.
2. Report the incident proactively
   Contact law enforcement, explain what you know, and cooperate. Being forthcoming may help mitigate penalties.
3. Gather evidence
   Any photos, witness information, dashcam footage, or notes about the scene may prove vital later.
4. Do not attempt to hide your actions
   Transparency is often more favorable than trying to mask or mislead. A legal professional can help you navigate the aftermath.

Why You Need Hillstone Law’s Help in These Cases

Leaving a crash scene complicates both criminal and civil liability. At Hillstone Law, we can help you:

• Understand your legal exposure
• Protect your rights in criminal proceedings
• Defend against or mitigate penalties
• Represent your interests in any resulting civil claims
• Work to minimize damage to your record and finances

If you find yourself in this situation, don’t wait. The sooner you seek help, the better your chances of a favorable outcome.