Leaving The Scene of A Car Accident: Everything You Need To Know

There are a couple of dos and don'ts that you probably know are expected of you in the aftermath of an accident. Do call the police. Do inform your insurer. And don't leave the accident scene immediately.

But staying on the accident scene might appear pointless sometimes. And if you stay, how long should you remain on the scene? We answer that and everything you need to know in this article.

Single Accident vs Multi

Deciding whether to leave the scene of an accident could significantly depend on the type of accident and the number of parties involved. So first, let’s examine leaving the scene of single and multi-vehicle accidents.

Leaving the scene of a single-vehicle accident

A single accident means your car is the only one involved. In these cases, your vehicle likely struck a person, pet, fence, or pole, or you drove into a ditch.

For most of these accidents where another person is not involved, your first instinct may be to leave the scene, especially if you can still drive your vehicle. However, it is imperative that you do not.

When you leave the scene after a single-vehicle accident with property, it may result in a misdemeanor charge. But suppose it's a single-vehicle accident with a pedestrian, and it causes death or injury to that pedestrian, you may be guilty of a felony for leaving.

Most states have laws that prohibit immediately leaving the scene of an accident, especially when the accident is with unattended property.

In Florida. Fla. Stat. § 316.063 provides that when such crash results in damage to the vehicle or property, the driver must stop without obstructing traffic, locate the operator or owner of the property, and if they are unable to find the owner/operator, they must attach their name, address, and registration number to a conspicuous place on the property.

Finally, the driver must notify the nearest office of an appropriate law enforcement agency as soon as reasonably possible.

Some states also make legal provisions that accommodate a single-vehicle accident with a pet or other animals. In New York, N.Y. V.T. Law § 601 stipulates that anyone who hits and injures a dog, cat, horse, or any other animal described as cattle must stop and attempt to locate the owner or a police officer.

In such an instance, the driver must also take reasonable steps to ensure the animal receives the necessary attention and exhibit their license, insurance, and basic information when required. Failing to comply with this provision in New York is punishable with a $100 fine for a first offense, but up to $150 if the animal struck is a service animal. 

Leaving the scene of a multi-vehicle accident

Multi-vehicle accidents are likely to involve at least one other person. Unlike single-vehicle crashes, you do not have to look for the owner or custodian of the other vehicle.

However, the position regarding whether you can leave the scene immediately after remains the same. For most states, leaving immediately after a multi-vehicle crash will still be considered a hit-and-run.

In California, the California Vehicle Code establishes in § 20002 that drivers must stop in accidents that cause damage to the other vehicle. Then, upon request, they must present their vehicle registration number and license to the other party. The presented information must accurately inform the other party of the driver's and vehicle owner's current residential address. 

According to § 20003, if the accident causes injury or death, the driver must give their name and address as well as the name and address of any occupant injured in their vehicle to any traffic officer or police that arrives on the scene – implying that any such driver must wait to speak to a law enforcement agent on the scene.

The driver must also provide any reasonable assistance to the person injured, such as transporting or making arrangements to transport them to a hospital if they require any transportation.

• 20004 further provides that if the accident results in a death and no law enforcement agent is at the scene to collect the information requested by § 20003, the driver must immediately report the accident to an office of the Department of the California Highway Patrol or any other authorized personal authority.

However, it is important to point out that some state laws have provisions that allow drivers to leave the scene if they are leaving to contact the police or secure medical assistance when it is urgent. In practice, this will allow drivers to rush victims who need urgent care to a hospital immediately after the accident or leave an area with no call network signal to get one.

Oregon’s Or. Rev. Stat. § 811.705(1) (f) contains some of these provisions and states that the requirement to remain at the scene until the police arrive does not apply to a driver who needs immediate medical care, a driver who needs to leave the scene to secure medical care for another injured person, or a driver who leaves the scene to report the collision to authorities. 

The section further provides that these exceptions will only cover the driver if the driver takes reasonable steps to return to the scene or contact the police.

The Implications of Leaving the Scene

Leaving an accident scene under any grounds apart from the legally provided exceptions without first meeting your obligations as a driver involved could have severe implications. These implications include:

Legal

The legal implications for these acts are also provided under state law but may vary from state to state.

In Idaho, failing to stop after an accident that causes property damage will make that diver guilty of a misdemeanor charge, and if the accident occurs on public or private property (apart from a highway), a driver who fails to stop will have their license revoked for one year according to Idaho Code Ann. § 49-1301. 

However, if the accident causes injury or death, any driver who leaves the scene will be guilty of a felony punishable by a fine of up to $5,000 or imprisonment in state penitentiary for up to 5 years, and their licenses will be revoked for one year according to Idaho Code Ann. § 18-8007.

Similarly, in Michigan, the legal implications for leaving a car accident that causes serious impairment of a body function or death is that the individual will be guilty of a felony punishable by imprisonment for up to 5 years or a $5,000 fine. 

But, if the accident results in death and is caused by the driver who leaves the scene, the felony charge will be punishable by up to 15 years in prison, or a fine of not more than $10,000, or both (Mich. Comp. Laws § 257.617).

If the accident causes personal injury in Michigan, the driver who leaves the scene will be guilty of a misdemeanor punishable by imprisonment of not more than 1 year, or a fine not exceeding $1,000, or both, and their license will be suspended for 90 days (Michigan Comp. Laws § 257.617a). 

However, if the accident causes only damage to the vehicle, the leaving driver will be guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of $100, or both (Mich. Comp. Laws. § 257.618).

Insurance

Leaving the scene of an accident will also have significant implications for your auto insurance policy.

First, leaving before the accident can be officially documented will likely result in a failed claim and no compensation from the insurance company. This is because you will likely not have any evidence that proves you should be eligible for compensation.

Next, if you are found guilty of a hit-and-run, an insurer will view you as a higher-risk client, which will result in higher premiums on your policy.

Finally, depending on the hit-and-run offense's seriousness, your insurer may decide to cancel your policy. Many insurers insert clauses in policy agreements that give them the right to cancel policy coverage, and this is often one of those clauses.

Victims

The most important implication of leaving the accident scene immediately after is that it could lead to death or severe injury for other victims when those outcomes could have been avoided. The primary rationale behind the laws that require drivers to wait on the scene is that those needing immediate medical attention can receive it.

Without immediate medical attention, injuries may worsen and even cause death.

What You Should Do Instead

Instead of leaving the scene of an accident, here’s what you should do:

Stop

As you may have guessed, this is the primary obligation of all drivers involved in an accident. If possible, stop your vehicle at the scene, and if not, stop as close to the scene as possible and immediately return to it.

Assess the damages

Damages from a car accident can be divided into two broad categories, and your assessment should focus on identifying which of the two will apply in this situation. 

The first category of accidents is any that causes death or injuries to anyone, while the second category is any no injury car accident or with any property damage. However, an accident is unlikely to fit the first category without fitting the second.

To assess, first carefully examine yourself and your passengers, if you have any. Check for cuts, bruises, and general body pain. It is important to do this carefully because the adrenaline rush from a car accident may prevent you from feeling some pain on the scene.

Next, check on the other parties involved in the accident. Ensure none of them have suffered any injuries and are conscious.

Then, you can move on to examining your vehicle to determine the extent of damage done.

If you discover injuries

If you discover any injuries on yourself, your passengers, or anyone involved in the accident, immediately call 911. After informing them about the injury and the location of the accident, see if you can offer any first aid to the injured person.

Suppose you reasonably believe the injured person's life is in danger, and you can get the person to medical help faster than emergency services can reach you. In that case, you should get the person to medical assistance.

If you discover property damage

If the accident has only caused property damage to your vehicle, the other vehicle(s), or any other property, your focus should be collecting evidence of the damage. You can achieve this by taking pictures or videos.

With property damage-only accidents, you may have to call the police, but that will depend on state law. Different states have different requirements for informing the police about these accidents, so it may be essential to be familiar with the apparent damage requirement for property damage accidents in your state.

Exchange information

The relevant information about car accidents is the driver's name and residential address (the owner's name and residential address if the owner is different from the driver,) the vehicle registration number, and insurance information. The driver must also exhibit their license if it is requested.

With multi-vehicle accidents, you can easily exchange information with other drivers as long as they are not gravely injured. However, even if they are injured, you must leave that information with the vehicle’s occupants if they request it.

In single-vehicle accidents, you must reasonably attempt to locate the owner or custodian of the property to leave your relevant information with them. If you cannot find them, leave your information in a conspicuous place on the damaged property.

How The Accident Helpers Can Help You

We help you get the best car accident lawyers around you, ensuring you secure the compensation you deserve.

After you have carried out your responsibilities at the accident scene and appropriately leave, you need to begin securing compensation from the insurer. This process may appear daunting and tiring, especially when you try to claim with the other driver’s insurer.

To successfully secure compensation, you will usually need a lawyer. Studies have shown that accident victims who secure legal representation early after an accident are more likely to get compensated, and they get more in settlements than people who do not hire lawyers.

An attorney will gather all the evidence you'll need to make your case successfully and ensure your claim is well presented so it is not refused on technical grounds. They also help you negotiate with insurance companies after estimating your claim's worth to secure a better settlement, but they will represent you in court if the insurer refuses to pay your claim's worth.

Getting a good lawyer around you who you can trust can be difficult. But through The Accident Helpers, you can rely on our nationwide network of the best car accident lawyers to find an attorney you trust.

All you have to do is contact us, and one of our consultants will get the details of your case. Then, we will immediately get to securing attorney options for you. Our services are completely free, so contact us today!