People involved in an auto accident have specific legal responsibilities. If they fail to meet these obligations, they face criminal charges. The information below closely examines hit and runs and the punishments and defenses. If you're involved in a hit-and-run incident consult a Beaufort criminal defense attorney immediately.
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Why You Should Speak to a Hit and Run Criminal Defense Lawyer
You should speak to a criminal defense lawyer if you're involved in a hit and run. Sometimes, people escape a car accident scene because they have a warrant out for their arrest or they may be driving impaired.
Some hit and run drivers may be driving with a suspended license. Whatever the reason, it’s best to communicate transparently or seek the help of a criminal defense attorney if you’re guilty of a hit and run.
Legal Obligations Following an Accident
Law requires all drivers involved in an accident to stop immediately and remain at the scene of an accident. This requirement applies - regardless of the accident's severity or who was at fault. Specifically, drivers must:
Provide immediate assistance to any injured parties
Share their personal information, including:
- Full name
- Contact information
- Driver's license number
- Vehicle identification information
Wait for law enforcement to complete their investigation
- Return to the scene of the accident - if instructed to do so by authorities
These requirements serve several purposes. They ensure that injured parties receive prompt medical attention and care, and they accurately report the details of the accident. These requirements also support the submission of insurance claims for processing.
You’ll collect points on your license if you do not make a report of an accident where a report is required or if you cause property damage at the accident scene.
Criminal Charges and Classifications
Leaving the scene of an accident in can result in a variety of criminal charges, depending on your state and the circumstances:
Class One Misdemeanor
This charge typically applies when:
- The accident resulted in property damage or
- There were injuries or fatalities that the driver was unaware of at the time
Class F Felony
This more serious charge may apply when:
- The driver left the accident scene without permission or
- The driver failed to return when instructed to do so by law enforcement
Class H Felony
Like Class F felonies, these charges reflect serious violations of legal obligations at accident scenes.
Understanding the Penalties
The consequences of a hit and run conviction can be severe and long-lasting:
Class One Misdemeanor Penalties
Class One misdemeanors may lead to prison time and significant financial penalties.
Class F Felony Penalties
- Up to five years of incarceration
- Substantial financial penalties
Class H Felony Penalties
More than three years of incarceration is possible and significant financial penalties.
Additional Consequences
Beyond criminal penalties, convicted drivers may face:
- License suspension for up to two years
- Insurance rate increases
- Difficulties in obtaining future employment
- Long-term problems with personal and professional relationships
Legal Exceptions to Remaining at the Scene
While the law generally requires drivers to remain at accident scenes, there are legitimate exceptions:
Safety Concerns: Drivers may leave if staying will pose a serious risk of injury to themselves or others
Law Enforcement Authorization: Departure is permitted when:
Police have completed their investigation
- Officers explicitly release the driver from the scene
Lack of Knowledge: No criminal liability exists if the driver was genuinely unaware that an accident occurred
The Prosecution's Burden of Proof
For a successful hit and run conviction, prosecutors must establish a burden of proof, referring to two key elements:
- Knowledge of the Accident
- The state must prove the driver knew or should have known an accident occurred
This applies to accidents of any severity
Intent to Abandon
- Prosecutors must demonstrate the driver left without intending to return
- Temporary departure for legitimate reasons (seeking help, filing a report) is not criminal
Building an Effective Defense
When facing hit and run charges, several defense strategies may be available:
- Valid Reasons for Leaving
- Documentation of safety concerns
- Evidence of seeking immediate medical attention
- Proof of attempts to contact authorities
Lack of Knowledge
- Demonstrating the accident was not reasonably noticeable
- Evidence of environmental conditions that impacted awareness
- Vehicle damage patterns suggest minimal impact
Intent to Return
- Records of calls to emergency services
- Witness statements about stated intentions
- Evidence of attempts to locate the accident scene
The Importance of Legal Representation
Professional legal representation is imperative given the seriousness of hit and run cases and the equally serious potential consequences. Experienced attorneys can:
- Evaluate the strength of the state's evidence
- Identify viable defense strategies
- Negotiate with prosecutors for a reduction of charges
- Present solid arguments at trial
- Work to minimize the impact of a conviction
- Protect a defendant’s rights throughout the process
By contacting a lawyer, you can discuss your case and find the best solution for your defense. Make sure you choose a lawyer who focuses on cases similar to yours. For instance, if impairment led you to flee the scene during the hit and run, that can be a factor in your case. If true, you’ll need a lawyer who handles DUI cases and hit and run accidents.
Working with a lawyer will help pay restitution and do what is right personally and legally. Having a lawyer at your side will give you peace of mind.
Know Your Obligations
Hit and run accidents carry serious legal consequences. Understanding your legal obligations is the first step toward protecting your rights. Knowing the legal framework surrounding these cases is essential, whether you’re facing charges or wish to prepare for an accident.
If you have left the scene of an accident, it’s essential to obtain a criminal defense attorney. While the impulse to leave an accident scene is frequently strong, the long-term results always outweigh the perceived short-term advantages.
Always stay at the scene and fulfill your legal obligations - follow the proper procedures.
Contact a Criminal Defense Lawyer Who Handles Hit and Run Cases Now
This also applies when contacting a criminal defense lawyer handling these cases. Contact a lawyer now if you’re guilty of a hit and run or you’ve been charged with this crime but wish to show you’re innocent. Make sure you receive legal guidance during this stressful time. Contact a criminal defense lawyer for a consultation today.