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What is a Hit and Run?
A hit-and-run occurs when a driver leaves the scene of an accident, without leaving identifying information, and someone other than the driver was injured or killed. It doesn't matter who was at fault in an accident. Both parties are legally required to stop and exchange information with the other driver.
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What's the Difference Between a Misdemeanor Hit and Run and a Felony?
The distinction between misdemeanor and felony hit and run depends on whether or not someone was injured. If the accident only causes property damage, then the state can only file misdemeanor charges. If the victim of the hit and run suffers bodily injury or death, then felony hit and run may be charged.
Defenses to a Charge of Hit and Run
If you have been involved in a hit-and-run accident and are being investigated or have been charged with leaving the scene of a crime, you should seek the advice of an experienced hit-and-run attorney.
There are several potential legal defenses to protect the rights of an individual accused of a hit-and-run. The most significant defense is that you were not driving a vehicle that was involved in a hit-and-run accident. For example, your car had been stolen and the hit-and-run accident occurred when it was not in your possession.
Another common defense is that you exchanged your information as required by law. If you were involved in an accident and exchanged the required information, you have satisfied the legal regal requirements of the law and cannot be guilty of a hit and run.
A third defense to being found guilty of a hit and run is that there was no damage caused to the other person’s property. Vehicle codes require that there be damage for there to be a hit-and-run.
Read Also: What You Should Do After a Hit-and-Run Accident
Can a Hit and Run be Dismissed?
In some misdemeanor hit-and-run cases, it might be possible to get your criminal charges dismissed if you take responsibility for all the expenses of the accident. This is known as a “civil compromise,” which is an agreement by a judge to dismiss a criminal charge if the accused pays the victim for any damages caused by their conduct. Judges hold the sole authority over whether to grant a civil compromise.
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- Car Accident That Wasn’t My Fault
- 7 Common Causes of Sideswipe Accidents
FAQs
How does leaving the scene of an accident impact insurance claims?
Leaving the scene of an accident typically results in the denial of insurance claims. Additionally, it can lead to higher insurance premiums and the possible cancellation of your policy. Your insurer may also refuse to cover any damages resulting from the accident.
What are the legal obligations of a driver involved in an accident?
Legally, a driver involved in an accident must stop, provide their contact and insurance information, assist any injured parties if possible, and report the accident to law enforcement if there are injuries or significant property damage.
How can a hit-and-run affect my driving record?
A hit-and-run charge can severely affect your driving record, leading to points on your license, increased insurance premiums, and possibly losing your driving privileges. The charge can stay on your record for years, impacting future opportunities.
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