A hit-and-run accident occurs when at least one of the parties involved in a crash, a pedestrian hit, or another type of accident involving an automobile flees the scene without giving aid to the injured, sharing critical identifying information, or contacting the proper authorities.
The AAA Foundation for National Safety reports an increase in the number of hit-and-run crashes that result in police reports, with an average of 682,000 occurring annually over the past 10 years. Even more alarming, a 2023 report shows that at least 7 (10.2%) of the fatal crashes in Massachusetts were hit-and-run crashes, where the driver left the scene.
Let’s examine why drivers flee, what the law requires after an accident, and the legal consequences of fleeing.
Why Flee the Scene?
Reasons for fleeing the scene of a car accident are varied, with some people fleeing due to pure adrenaline panic, while others lack proper documentation such as valid car insurance, driver’s license, registration or proof of citizenship, making them nervous to remain at the scene. Still others are intoxicated or impaired and flee to avoid legal ramifications.
No matter what the reason, Massachusetts law mandates that drivers involved in an accident with property damage or injury must stop and remain at the scene until the police arrive and assess the situation.
Massachusetts Law: Hit & Run
According to Massachusetts General Law (M.G.L. c. 90, §§ 24 (2)(a)), any individual who does not stop and identify themself, including their residence and the registration number of his motor vehicle, will be found in violation of this section of the state law. Leaving the scene of an accident in Massachusetts that causes injury to another vehicle or property is a misdemeanor offense.
Criminal Consequences
Fleeing the scene of an accident when property damage or injury has occurred can result in fines and even incarceration at both the misdemeanor and felony levels.
In situations where damage is caused to another person’s property, whether another automobile or a home, a judge will impose consequences, including fines, jail time, and/or a license suspension for 6 months or more, the amounts of which depend on the circumstances of the incident.
For situations where there has been bodily injury but not death, the defendant faces fines ($1,000 or more), jail time up to 2 years, and a driver’s license suspension for a year or more. In the case of a death during the hit-and-run, felony charges may be filed, causing consequences such as a manslaughter or motor vehicle homicide charge, which comes with a possible 10 years in jail, a $5,000 fine, and a minimum of three years suspended license.
Should the investigation of the hit and run prove that the driver was impaired by drugs or alcohol, the person could face additional charges such as driving under the influence (DUI), driving with a suspended license, or assault with a deadly weapon.
Have you been involved in a hit-and-run? If so, please contact our team at the Law Offices of Patrick Conway.