Being a part of a car accident can evoke some fairly serious human emotions including the fight or flight instinct, common when a person feels they may be in trouble or have done something wrong. Unfortunately, that “flight” response could become a problem if you have been in or caused an accident.
Let’s take a look at what a person’s responsibility is when an accident occurs and what may happen if they flee the scene of the accident.
What Should A Driver Do In An Accident?
Massachusetts drivers are required by law to stop at the scene of an accident as long as it is safe to do so. Pulling to the side of the road is advised to avoid further incidences.
Once the accident scene is safe, drivers should stop and exchange information such as name, address and registration information to anyone who sustains property damage as a result of the incident. This includes accidents involving a pedestrian, another car, or a fixed object.
In cases where law enforcement officers have not been dispatched to the scene, the driver must report the incident as soon as physically able to the nearest police station. This involves filling out an accident report and filing it with the police department.
What drivers should NOT do is leave the scene of the accident without this exchange of information or assessing if medical help is needed. This action would be against the law and designated as a hit-and-run or “leaving the scene of an accident.” If you leave the scene of an accident without providing license and registration information, you may be in violation of Section 24(2)(a) of Chapter 90 of the Massachusetts General Laws.
Why Drivers Flee?
There are quite a few reasons why a driver may flee the scene of an accident including questionable immigration status, lack of a license or insurance, impairment due to alcohol or drugs, a standing warrant for arrest or probation violations. In many cases, fleeing the scene will put you in more legal jeopardy than staying and facing the issue head-on.
For drivers who fear their insurance rate may soar, Massachusetts’s “No Fault” rules may help you battle this issue. In fact, in many states, it does not matter whether you caused the accident or not. It is better to stay than to compound the issue.
Penalties For Leaving the Scene
There are possible criminal, civil and administrative penalties for leaving the scene of a crime, also known as hit-and-run.
Criminally, a driver may face misdemeanor or felony charges depending upon the circumstances of the event. Fines and jail time may be part of the consequences depending on the cause and intention of the accident. Jail time may be not less than 2 weeks and not more than 2 years and there is a potential $20 to $200 fine.
Civil consequences include the possibility that another person involved in the crash could sue you for damages or injury. They may be asking for compensation for medical bills, lost wages, and property damage.
Administrative consequences include suspension or revocation of your driver’s license through the Department of Motor Vehicles.
Should you find yourself in an accident, be sure to exchange information and sit tight until the police arrive. Contact our office should you need legal help after leaving the scene of the accident.