Arkansas Hit and Run Laws: Penalties and What to Do

Overview of Arkansas Hit and Run Laws

Last verified: March 2026. This article reflects current Arkansas Code Title 27, Chapter 53, and applicable criminal statutes.

Arkansas treats leaving the scene of an accident as a serious criminal offense. Three statutes form the backbone of the state's hit and run laws: AR Code 27-53-101 (accidents involving injury or death), AR Code 27-53-102 (property damage accidents), and AR Code 27-53-103 (duty to give information and render aid).

The penalties range from a Class B misdemeanor for minor property damage to a Class B felony for fleeing the scene of a fatal accident. Understanding these laws can help you protect your rights whether you are a driver or a victim.

Arkansas Code 27-53-101: Accidents Involving Injury or Death

Under AR Code 27-53-101, any driver involved in an accident that results in physical injury, serious physical injury, or death must take these steps:

• Stop immediately at the scene or as close to the scene as safely possible.
• Return to the scene right away if you cannot stop at the exact location.
• Remain at the scene until you fulfill all duties listed under 27-53-103.
• Do not move the vehicle unless law enforcement instructs you to do so.

Penalties Under 27-53-101

The penalties depend on the severity of harm caused:

Outcome	Classification	Maximum Penalty
Physical injury	Class D Felony	Up to 6 years in prison, up to $10,000 fine
Serious physical injury or death (knowing/reckless failure to stop)	Class B Felony	5 to 20 years in prison, up to $15,000 fine

A conviction under this section also triggers mandatory driver's license revocation.

The distinction between "physical injury" and "serious physical injury" matters. Arkansas law defines serious physical injury as injury that creates a substantial risk of death, causes protracted disfigurement, or results in protracted impairment of health or loss of any bodily function.

Arkansas Code 27-53-102: Property Damage Accidents

Under AR Code 27-53-102, any driver involved in an accident that results only in damage to a vehicle or personal property must:

• Stop immediately and park the vehicle in a safe position.
• Remain at the scene for a reasonable time, which the statute defines as not less than 30 minutes.
• Fulfill all duties listed under 27-53-103.

This applies to accidents on public roads, parking lots of private businesses, and anywhere else in the state.

Penalties Under 27-53-102

The classification depends on the dollar amount of damage:

Damage Amount	Classification	Maximum Jail/Prison	Maximum Fine
Under $1,000	Class B Misdemeanor	90 days in jail	$1,000
$1,000 to $9,999	Class A Misdemeanor	1 year in jail	$2,500
$10,000 or more	Class D Felony	6 years in prison	$10,000

Even at the lowest tier, a hit and run conviction creates a criminal record that can affect employment, insurance rates, and driving privileges.

Arkansas Code 27-53-103: Duty to Give Information and Render Aid

AR Code 27-53-103 spells out what every driver must do after any accident. You must provide the following to the other party, law enforcement, or any person attending an injured victim:

• Your full name and address
• Your vehicle registration number
• Your driver's license (upon request)
• Reasonable assistance to any person injured in the accident, including arranging transportation to a medical facility if needed

You must also remain at the scene for a reasonable time, which the statute defines as not less than 30 minutes, to be present if law enforcement was contacted.

These requirements do not apply if you are physically incapacitated or too severely injured to comply.

SR-1 Accident Report Requirements

Beyond the duties at the scene, Arkansas requires drivers to file a Safety Responsibility (SR-1) accident report with the Arkansas Department of Finance and Administration within 30 days of any accident that:

• Results in injury or death to any person, regardless of fault
• Causes property damage exceeding $1,000 to any one person's property

Failing to file the SR-1 report can result in a fine between $100 and $1,000 and potential suspension of your driver's license under AR Code 27-53-201.

You can submit the SR-1 form online, by mail, or in person at a DFA revenue office.

Related Criminal Charges That May Apply

Arkansas prosecutors can stack additional charges on top of the hit and run offense. Here are the most common related charges.

Negligent Homicide (AR Code 5-10-105)

If a driver causes a death through criminal negligence, separate negligent homicide charges may apply. This offense becomes a Class B felony (5 to 20 years in prison, up to $15,000 fine) when the driver:

• Had a blood alcohol concentration of 0.08 or higher
• Was operating while fatigued (awake for 24 or more consecutive hours)
• Was unlawfully passing a stopped school bus

Otherwise, negligent homicide is a Class A misdemeanor unless the victim is a minor under 16 or a first responder.

DUI Combined With Hit and Run

DUI and hit and run are separate offenses in Arkansas. A driver who flees the scene while intoxicated may face:

• DUI charges under Arkansas Code Title 5
• Hit and run charges (felony if injury or death is involved)
• Negligent homicide charges if a death occurred
• Enhanced sentencing for multiple concurrent offenses

The combination of DUI and hit and run significantly increases the total potential prison time and fines.

Vehicular Homicide and Road Rage

If prosecutors can show the driver acted with intent or extreme recklessness, such as during a road rage incident, charges can escalate beyond the standard hit and run statute.

Statute of Limitations

Arkansas imposes strict time limits on both criminal prosecution and civil lawsuits related to hit and run.

Criminal Statute of Limitations

Under AR Code 5-1-109, the time prosecutors have to file charges depends on the classification:

Classification	Time Limit
Misdemeanor (Class A or B)	1 year from the offense
Class D Felony	3 years from the offense
Class B Felony	6 years from the offense

These deadlines mean that even if you are not immediately identified after fleeing the scene, prosecutors can still bring charges for years afterward.

Civil Statute of Limitations

Victims have three years from the date of the accident to file a personal injury or property damage lawsuit under Arkansas civil law. This deadline applies regardless of whether criminal charges are filed.

Fault Determination and Comparative Negligence

Arkansas follows a modified comparative fault system under AR Code 16-64-122. Here is how it works:

• Each party in an accident is assigned a percentage of fault.
• Your damages award is reduced by your percentage of fault.
• If you are 50% or more at fault, you are completely barred from recovering damages.

This rule has a critical practical consequence: admitting fault at the accident scene can severely damage or eliminate your ability to recover compensation in a civil claim. You should exchange required information but avoid making statements about who caused the accident. Let investigators determine fault based on evidence.

Insurance Implications After a Hit and Run

Arkansas requires all drivers to carry minimum liability insurance of 25/50/25:

• $25,000 per person for bodily injury
• $50,000 per accident for total bodily injury
• $25,000 per accident for property damage

Arkansas insurance companies must offer uninsured motorist (UM) coverage to every policyholder, though drivers may decline it. UM coverage becomes essential in hit and run cases because it pays your claim when the at-fault driver cannot be identified.

If you are the victim of a hit and run and the other driver is never found, your UM policy effectively stands in for the missing driver's insurance. Without UM coverage, you may have no source of compensation for your injuries and vehicle damage beyond a civil lawsuit that you may never be able to file because the driver is unknown.

What to Do After an Accident in Arkansas

Steps for Drivers

1. Stop immediately and park your vehicle in a safe position.
2. Call 911 or notify law enforcement. You must do this within 30 minutes.
3. Check for injuries and render reasonable assistance to anyone who is hurt.
4. Exchange information: your name, address, vehicle registration, and driver's license.
5. Document the scene: take photos, note the time, weather, and road conditions.
6. Collect witness information from bystanders who saw the accident.
7. File an SR-1 report within 30 days if injuries occurred or property damage exceeds $1,000.
8. Contact an attorney before making detailed written or recorded statements.

What NOT to Do

• Never leave the scene. Even a minor fender-bender can result in criminal charges if you drive away.
• Never admit fault or say "it was my fault." Let investigators determine responsibility.
• Never move a vehicle involved in an accident with serious injury or death unless law enforcement directs you.

Steps for Hit and Run Victims

1. Document everything you can: the fleeing vehicle's make, model, color, license plate, and direction of travel.
2. Take photographs of the scene, your vehicle, and any injuries.
3. Gather witness contact information from anyone who saw the incident.
4. Report to law enforcement immediately. A prompt report increases the chance of identifying the driver.
5. Seek medical attention even if your injuries seem minor. Some injuries take hours or days to manifest.
6. Keep all receipts for medical treatment, vehicle repair, rental cars, and other expenses.
7. Contact your insurance company to discuss filing a UM claim.
8. Consult with an attorney about both criminal victim rights and civil recovery options.

Legal Defenses for Hit and Run Charges

Arkansas courts recognize several defenses to hit and run charges. These defenses must be supported by evidence and are evaluated on a case-by-case basis.

Fear for Personal Safety

If you reasonably feared for your life or physical safety at the accident scene, you may leave and immediately report to the nearest law enforcement agency. For example, if the other driver became physically threatening, leaving the scene to call police from a safe location may be justifiable.

Lack of Knowledge

If you genuinely did not know you were involved in an accident, this may serve as a defense. However, prosecutors will examine vehicle damage, surveillance camera footage, and witness statements to determine whether a reasonable person would have been aware of the collision.

Incapacitation

The statute itself provides an exemption for drivers who are physically unable to fulfill the stop-and-report requirements due to their own injuries. If you were rendered unconscious or required emergency medical transport, the duty to remain at the scene may not apply.

2025 Law Change: Work Zone Safety

Effective August 5, 2025, Act 327 of 2025 (HB 1596) expanded the double-fine provision for traffic violations in work zones. Previously, fines were only doubled in static (stationary) work zones. The new law doubles fines in mobile work zones as well.

This change is relevant to hit and run cases because accidents in construction or maintenance zones already carry heightened scrutiny. Striking a highway worker and fleeing can result in both the standard hit and run felony charges and the enhanced work zone penalties.

Notable Arkansas Hit and Run Cases

Highway Worker Death Case (2024)

A North Little Rock woman was arrested by Arkansas State Police in connection with the hit and run death of an Arkansas Department of Transportation employee working in an I-30 work zone. The case highlighted the severe consequences of fleeing after striking workers in highway construction zones.

Florida Man Extradition (2025)

In July 2025, Arkansas State Police took custody of a Florida man charged in a fatal October 2023 hit and run stemming from a road rage incident. The suspect was extradited from Florida, demonstrating that fleeing across state lines does not prevent prosecution.

Interstate 530 Hit and Run (2025)

On December 30, 2025, Arkansas State Police investigated a hit and run on Interstate 530 South near the 34-mile marker. The ongoing investigation demonstrates the state's commitment to pursuing hit and run offenders on major highways.

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