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What is a Hit and Run Accident?
A hit-and-run accident occurs when a person hits a vehicle, person, or another person's personal property. The individual operating the vehicle that causes the damage then "runs" from the scene of the crime without contacting the authorities or leaving a note on the damaged vehicle or property.
Related Article: Hit and Run First Offense
What is a Misdemeanor Hit and Run?
A misdemeanor hit and run is described as a crime that occurs when a person flees the scene of an accident, without stopping and providing their information, when the accident only caused property damage rather than injuries to another party.
Related Article: Do Police Investigate Minor Hit & Run?
What is Felony Hit and Run?
Felony hit and run occurs when a person leaves the scene of an accident when someone was injured or killed. It doesn't matter if you didn't cause the accident. In fact, you can be charged with felony hit and run if someone else caused the accident and you left the scene.
Related Article: Hit & Run Accident Charges
What Should I Do if I'm Involved in a Hit and Run?
Drivers who are victims of a hit-and-run accident can take the following steps to protect themselves:
- Make sure everyone is safe - Move your car out of traffic and check on yourself and any passengers. Call for medical attention if anyone needs it.
- Call the police - It's important to involve law enforcement in order to increase the chances of finding the other driver and gathering evidence about the accident. If the driver who flees is apprehended, they’ll be required to pay for the damages to your vehicle and any medical bills associated with the incident. You will also need a police report in order to file an insurance claim.
- Gather evidence - Take notes on everything you can remember about the other driver and vehicle immediately after the accident. Ask any eyewitnesses to stay and talk to the police. If they can’t or won’t, get their contact information. Take pictures of the damage and look for pieces of the other driver’s vehicle, but don’t touch anything until the police arrive.
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FAQs
Can a misdemeanor hit and run be elevated to a felony charge?
Yes, a misdemeanor hit and run can be elevated to a felony charge if new evidence comes to light that shows the accident resulted in serious injury or death, or if the driver has a history of similar offenses. Additionally, if the driver was under the influence of alcohol or drugs at the time of the accident, the charges may be upgraded.
Can a hit and run charge be reduced or dismissed?
A hit and run charge can sometimes be reduced or dismissed, depending on the circumstances and the defense strategy. Factors such as lack of evidence, the defendant's clean criminal record, or mitigating circumstances (e.g., the defendant was unaware of the accident) may influence the outcome. Consulting with a lawyer is essential to explore potential defenses and negotiate a favorable outcome.
How does a hit and run affect the driver's insurance coverage?
A hit and run can have a significant impact on the driver's insurance coverage. The insurer may increase the driver's premiums, cancel the policy, or refuse to renew it. Additionally, if the driver is found liable for damages or injuries, their insurance may not cover the full extent of the costs, especially if the hit and run is classified as a felony.
What legal defenses are available in a hit and run case?
Legal defenses in a hit and run case may include arguing that the defendant was unaware of the accident, that there was no intent to flee the scene, that the defendant was not the driver involved in the accident, or that the accident did not result in injury or significant damage. Each case is unique, and the specific defense will depend on the facts of the case.
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