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Hit & Run: What To Do AFTER You've Left The Scene

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Leaving the scene of an accident is a crime.  If the accident is minor - meaning light property damage - the crime is a misdemeanor.  If somebody is left seriously injured or dead, it is a felony.

The crime is not always the driving itself.  If you are impaired by drugs or alcohol or are in the process of committing a criminal traffic violation, such as reckless driving or driving with a suspended license, then you can face criminal charges just for the accident alone.

If you run a red light or fail to signal and hit a car, or you are backing out of a parking space and strike a parked vehicle, that by itself is NOT a crime.  A traffic infraction (non-criminal violation) is not a crime.  You can't get arrested and charged for failing to signal or for speeding.

The crime occurs when you leave the scene of the accident.

Staying put at an accident scene, exchanging insurance information with the other driver, or even contacting law enforcement if necessary, is always the right way to approach a traffic crash.

But if you leave - what should you do next?

The simple answer is nothing.  Once you have committed the offense of leaving the scene of an accident, you have committed a crime.  If you were to contact police hours later, you would be confessing to a crime and could find yourself in serious legal trouble.

The best way to avoid this problem is to drive safely, and if you ever get into a crash - whether you are at fault or not - remain at the scene and follow the law.  

If you make the poor and imprudent decision to leave the scene, you will more than likely be contacted by police at some point thereafter.  It could be hours, days, or even months after the crash.

Police may come to your door or they may simply send you a letter.

That is the time to contact a criminal defense attorney.

You do not want to say anything to police without first discussing the matter with a criminal defense attorney. Provided the accident doesn't involve a fatality or injury to a person, it may be possible to resolve the matter without the issuance of a criminal citation or arrest.

Whatever you do - don't leave the scene of an accident.  But if you do, say nothing, wait for police to contact you, and then contact an attorney.