Leaving the Scene of an Accident in Pennsylvania: Legal Implications and Steps to Take

After being in an accident, whether on a busy route like I-367 or on a small-town road, it’s normal to feel scared and overwhelmed after a crash, especially if the at-fault driver leaves the scene of the accident without stopping to help. Unfortunately, accidents where a driver causes an accident and flees the scene without exchanging information, or without even checking to see if the other party is okay, happen often.

Pennsylvania law places obligations on drivers involved in crashes, and, if any driver in an accident fails to abide by the law, there may be legal consequences. The at-fault driver fleeing the scene of your accident not only complicates your ability to recover compensation, but it also puts your life at risk. If you have been involved in an accident and the other driver left the scene, you may feel hopeless and overwhelmed. You are not alone.

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What Does “Leaving the Scene of an Accident” Mean in Pennsylvania?

A common misconception is that leaving the scene of the accident only applies to the at-fault party in major car accidents. However, this is not true. Even for a minor crash in Pittsburgh, such as a “fender-bender” near the Liberty Tunnel, drivers still have obligations to provide information and assistance following the crash. All drivers involved in the crash have a duty to stop, not just the person who caused it.

Under Pennsylvania 75 Pa.C.S. § 3744, it is illegal for an operator involved in an accident to leave the scene of the crash without:

1. giving their name, address, and registration number of their vehicle to the other party;
2. if asked, giving their driver’s license and insurance information; and
3. performing “reasonable” assistance to those injured in the accident.

Therefore, after an accident, a driver must identify themselves and their vehicle to the other driver(s), provide their driver’s license and insurance information if they are asked to do so, and reasonably assist others who were injured in the accident. If they fail to do so, this could result in criminal charges, which could also affect your personal injury claim.

“When you are involved in a crash, the last thing that you should have to worry about is the person who caused the crash fleeing the scene. Thankfully, the law requires drivers to immediately stop their vehicle after the crash, and if they don’t, provides that they be punished with imprisonment, fines, or both. Further, the law requires drivers to exchange insurance information at the scene to allow injured people to civilly recover for their injuries.” – Amber Manson-Webb, Esquire.

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What Happens If a Driver Leaves the Scene of an Accident

If you were involved in an accident, you may wonder “what happens if a driver leaves the scene of an accident?” If a driver involved in your car accident left the scene of the accident before exchanging information or rendering aid, they could face charges ranging from summary offenses to felonies. Generally, crashes involving only property damage are treated as minor offenses. But crashes that cause injuries or death are much more serious and can lead to felony charges.

Importantly, if the driver of a vehicle in your crash was charged with fleeing the scene, this may affect your personal injury claim by helping to establish liability or even by evidencing reckless conduct, which could potentially provide for punitive damages.

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Is Leaving the Scene of an Accident a Felony in Pennsylvania?

Whether or not leaving the scene of an accident is a felony is a complicated question, which depends on the injuries caused by the crash. In Pennsylvania, for a hit-and-run to be classified as a felony, a victim of the crash must have sustained “serious bodily injury,” or death. If the at-fault party in your crash fled the scene of the accident without exchanging information and rendering aid, and someone sustained serious bodily injury, such as an amputation or even died as a result, this may elevate your case to a felony matter. On the other hand, if the accident only resulted in minor bodily injuries, or the accident only caused damage to property, then the charge will likely be a summary offense or a misdemeanor, and not a felony.

When you have been involved in a motor vehicle crash, and the other driver fled the scene of the crash, the determination of whether or not the driver will be charged with a felony will be contingent on the bodily injuries and property damage that the crash caused.

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Penalties Drivers Face for Leaving the Scene

Drivers leaving the scene of a crash not only makes it harder for you to get compensation, but it also puts your health and even your life at risk. If a driver left the scene of your accident, they put you in danger, and the law is designed to protect you from this.

Pennsylvania law imposes a wide variety of punishments on drivers who fled the scene of the accident. If you have been involved in a hit-and-run, depending on the damages that the accident caused,the driver who fled could face fines, license suspension, and even jail time.

• Under 75 Pa.C.S. § 3743(d), if the operator fled the scene of a crash which resulted only in damage to property, the driver could face a maximum of a year of imprisonment and a fine up to $2,500.
• Under 75 Pa.C.S. § 3742(b)(2), if the driver fled the scene of the crash, and caused serious bodily injury to you, the driver could face a minimum of 90 days in jail and a $1,000 fine.
• Under 75 Pa.C.S. § 3742(b)(3), if the driver fled the scene the crash, and caused the death of someone involved in the crash, the driver could face a minimum of three years imprisonment and a minimum fine of $2,500.

The law recognizes the dangers involved in hit-and-run accidents, and it attempts to protect you from drivers putting you in that danger. Even when a driver leaves the scene of the accident, which caused no injuries, the law seeks to punish them.

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What Victims Should Do If the Other Driver Leaves

If you have been involved in an accident where the at-fault driver left the scene, you might be unsure of your next steps. This is understandable. However, immediately after the crash, it is important that you prioritize your health and seek medical attention if necessary.

After prioritizing your safety:

• Call 911 immediately and describe the vehicle to them. Remembering everything is impossible, but if you can remember the make, model, license plate, or color of the car, make sure to tell the police. This information will be important to find out who was driving the vehicle, and to get justice for you.
• Check if there were any witnesses of the crash who have more details about the vehicle that hit you. Any additional information could be crucial to identifying the at-fault driver.
• Check for any cameras near the scene of the crash that may have recorded the at-fault vehicle’s license plate.
• Follow up with medical providers. Continuing to follow up with your medical providers is not only important to protect your health, but it also creates a chain of documentation which is important to your claim.

Keep in mind that evidence disappears quickly, especially in hit-and-run cases. Losing evidence could limit your ability to be compensated. It is important that you reach out to an experienced attorney who has handled these cases, and knows the ins-and-outs of hit-and-run cases, to ensure that your injury claim is handled properly.

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Why You Should Call a Lawyer After a Hit-and-Run Accident

The consequences of being involved in a hit-and-run accident can be devastating, leaving you with severe injuries and not knowing who was at-fault for derailing your life. The uncertainty of the future and your ability to be compensated can be nerve-wracking. During this time, you need to focus on what matters most, your health. Leave the stress of your claim to our experienced hit-and run attorneys at Edgar Snyder & Associates, who will even the playing field against your insurance company, protect your best interests, and fight for the compensation that you deserve.

Contact our experienced hit-and-run attorneys at Edgar Snyder & Associates so they can fight for you by investigating the crash, gathering evidence, consulting with accident reconstruction experts, contacting witnesses, and applying the facts of your case to the law. Our experienced attorneys can help you navigate the process while you focus on healing. The consultation is free, and there is never a fee unless we get money for you!

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Frequently Asked Questions

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Is leaving the scene of an accident a felony in Pennsylvania?

The determination of whether or not a hit-and-run accident is a felony relies on the extent of injuries that a victim sustained in the crash. If a victim in the crash sustained “serious bodily injury”, such as a traumatic brain injury or an amputation, or if the victim was killed, then the law provides for this to be charged as a felony offense.

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Can a passenger leave the scene?

Generally, a passenger has no duty to stay at the scene of a crash. However, in rare circumstances, if the driver of the vehicle is incapable of providing the information or rendering aid, the passenger is required by the law to perform the obligations that the driver cannot perform.

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What if the accident had no injuries? Can a driver still be charged?

Yes. The law is designed to protect drivers on the road from crashes causing property damage or bodily injury. However, even in a minor rear-end accident, where neither party is injured, and neither vehicle sustains damage, the law still requires drivers to exchange information.

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