Leaving The Scene Of An Accident in PA
What is Leaving the Scene?
Hit and run charges in Pennsylvania are a serious matter and should be treated as such. If you have been accused of leaving the scene of an accident, you may be at risk of facing jail time, probation, fines, payment of restitution to the other party (even if you were not at fault for the accident), and a suspension of your license. This is why it’s so important to speak to an experienced and trusted lawyer who can help you understand the appropriate steps to resolve the matter.
Overview of Hit and Run Law in PA
Pennsylvania law states that anyone involved in an automobile accident resulting in property damage, personal injury, or death, must immediately stop. Instead of leaving the scene of the accident, one should provide identification, insurance information, and assist anyone who may be hurt. Under Pennsylvania law, the duty to stop occurs when someone is “involved” in an accident.
The Extension of Hit and Run Law in PA
Our courts have extended this to cases where the person who left the scene started the chain of events that caused an accident; whether or not there was physical contact between vehicles. Therefore, even if you are not considered to be “at fault” for the accident, you could still face criminal consequences. For not stopping to assist as outlined above. Failing to do so can turn even a minor incident into a major issue that can have life-altering consequences.
Frequently Asked Questions About Hit and Run Charges
Is leaving the scene of an accident a felony in Pennsylvania?
The answer to this question can depend upon several factors. If no one is injured, the hit and run is a third-degree degree misdemeanour. If there is an injury, the charge is a first-degree misdemeanour. If, however, someone is seriously injured, the crime becomes a felony of the third degree.
What happens when you leave the scene of an accident in PA?
Remember, leaving the scene of an accident PA is a punishable crime. Depending upon the severity of the accident, and your involvement, you can face hefty fines and possibly even jail time.
How long can you go to jail for leaving the scene in PA?
A hit and run is a summary offence. It happens when without providing the required information, a driver leaves the scene of an accident involving damage to another vehicle that is unoccupied. If you are involved in an accident and convicted of such a crime, you will receive a fine of $300, and/or a jail sentence of up to 90 days. For Felonies of the third degree involving serious bodily injury, the mandatory minimum jail penalty is 90 days. If death results, the mandatory minimum penalty is three years in jail.
How long after a hit and run accident can you be charged?
If the violation is a summary offence, the police have 30 days to file the charge after they discover the identity of the driver or complete their investigation, whichever takes longer. For felony leaving the scene, there is no time limit to charge someone. For misdemeanour offences, the police have up to two years to bring charges.
How to get out of a leaving the scene charge?
The best way to avoid a hit and run charge is to remain at the scene of the accident long enough to provide basic information. Be diligent about exchanging or leaving all proper information for the other party to contact you or your insurance company. Even if you fail to do this at the moment, you can and should report the accident within 24 hours to your local police. Doing so may help you avoid hit and run charges.
If you have been charged with a hit and run crime, finding an experienced and knowledgeable lawyer is the next best thing to do. Speak with someone who will hear the details of your case and provide advice for what you should do next. Owning up to the matter and taking steps to rectify it will always be your next best course of action.
8 Steps to Follow if You Are at the Scene of an Accident
At the scene of an accident, it’s natural to feel scared, confused and emotional. This can make it hard to remember everything you should do to protect your rights in this situation.
Here are eight important steps you should remember when dealing with an automobile accident:
- Stop immediately and stay at the scene until police arrive.
- Check on all drivers and passengers and call 911 if necessary.
- Call the police. Even if it is just a “fender bender,” it is important to always contact the police and to stay at the scene until they have taken their report.
- Exchange information with the other vehicle(s) involved.
- Talk to witnesses. Obtain their contact information if possible.
- Take pictures of damages and injuries.
- Inform your insurance company.
- Consider hiring an attorney to ensure all appropriate expenses are covered.
How Colgan & Associates can help
At Colgan & Associates, our experienced traffic lawyers are here to serve you. We understand Pennsylvania’s traffic law and can help ensure your rights are fully represented. Especially for accidents resulting in serious injuries or damages, don’t take the chance of incurring hefty fines, penalties or jail time. Talk with our experienced traffic lawyers lawyers who can advise of your best options to resolve your matter quickly and correctly. Contact us today for a free consultation.