As an experienced traffic lawyer in Pennsylvania, I have seen the serious consequences that can result from leaving the scene of an accident. It is a serious traffic violation that can lead to criminal charges and a misdemeanor on your record. While a car accident may seem like a minor inconvenience, it is important to understand the potential legal ramifications of leaving the scene. In most cases, a car accident is not a major problem and can be resolved with proper insurance and communication. However, there are various reasons why some individuals may choose to flee the scene of an accident. In Pennsylvania, leaving the scene of an accident involving property damage is considered a first-degree misdemeanor if there are injuries to passengers or other drivers.
This is outlined in Title 75 of the Pennsylvania Consolidated Statutes, Section 3742.
What Constitutes Leaving the Scene of an Accident?
According to Pennsylvania law, leaving the scene of an accident occurs when a driver fails to stop at the scene of an accident and provide their information to the other parties involved. This includes their name, address, vehicle registration number, and driver's license information. If you are involved in an accident and leave the scene without providing this information, you could face criminal charges. It is important to note that this applies even if you were not at fault for the accident.The Penalties for Leaving the Scene of an Accident
The penalties for leaving the scene of an accident in Pennsylvania vary depending on the severity of the incident. If there are no injuries or only minor injuries, it is considered a summary offense and can result in a fine of up to $300 and up to 90 days in jail. If there are injuries to passengers or other drivers, it is considered a first-degree misdemeanor and can result in a fine of up to $10,000 and up to five years in prison.In addition, your driver's license may be suspended for up to one year.
Defenses for Leaving the Scene of an Accident
While leaving the scene of an accident is a serious offense, there are some defenses that may be used in court. These include:- Emergency situations: If you were involved in an accident and left the scene to seek medical attention for yourself or others, this may be considered a valid defense.
- Unaware of the accident: If you were not aware that an accident occurred, you cannot be charged with leaving the scene.
- Fear for safety: If you left the scene because you feared for your safety, this may also be considered a valid defense.
Other Consequences of Leaving the Scene of an Accident
In addition to criminal charges and penalties, leaving the scene of an accident can also have other consequences. It can result in points on your driving record, which can lead to increased insurance rates. It can also negatively impact any personal injury claims you may have against the other party involved in the accident. If you are involved in an accident, it is always best to stay at the scene and follow proper protocol.This includes exchanging information with the other parties involved and contacting the police if necessary. By leaving the scene, you are not only risking criminal charges but also potentially putting yourself and others in danger.
