Last verified: January 2026. This guide reflects current Delaware Code Title 21, Chapter 42.
📑 Table of Contents (click to expand)
Quick Summary
Under Delaware law, leaving the scene of an accident without stopping, identifying yourself, and rendering aid is a criminal offense. The severity of the charge depends on whether the accident caused property damage, injury, or death.
- Property damage only: Misdemeanor with fines of $230 to $1,150 and up to 6 months in jail
- Injury to another person: Unclassified misdemeanor with fines of $1,000 to $3,000 and 1 to 2 years imprisonment
- Death: Class E felony with mandatory minimum of 1 year incarceration
- License revocation: 6 months to 2 years depending on severity
- Reporting threshold: $2,000 or more in property damage requires a police report
References:
- 21 Del. C. § 4201: Duty of driver involved in collisions resulting in property damage or injury
- 21 Del. C. § 4202: Duty of driver involved in collision resulting in injury or death
- 21 Del. C. § 4203: Duty to report collisions
Delaware Hit and Run Penalties
Property Damage Only (21 Del. C. § 4201)
If you leave the scene of an accident that results only in property damage, you face:
- Fine: $230 to $1,150
- Imprisonment: 60 days to 6 months
- License revocation: 6 months
Injury to Any Person (21 Del. C. § 4202(b))
Fleeing an accident that causes injury is an unclassified misdemeanor:
- Fine: $1,000 to $3,000
- Imprisonment: 1 to 2 years
- License revocation: 1 year
Death (21 Del. C. § 4202(c))
A hit and run resulting in death is a Class E felony:
- Mandatory minimum: 1 year incarceration (first 6 months cannot be suspended)
- License revocation: 2 years
- Additional charges may apply, including vehicular homicide or manslaughter
Your Legal Duties After an Accident in Delaware
Delaware law requires you to take specific actions immediately after any collision:
- Stop immediately at the scene or as close as possible without obstructing traffic more than necessary
- Determine if anyone is injured or killed by making reasonable efforts to assess the situation
- Provide your information to the other driver, property owner, or law enforcement, including:
- Your name and address
- Vehicle registration number
- Driver’s license (upon request)
- Render reasonable assistance to anyone injured, including transporting them to a hospital if needed or calling emergency services
- Remain at the scene until you have fulfilled all legal requirements or until law enforcement clears you to leave
Important: If the only damage is to your own property with no damage to others or the environment, you may leave the scene but must still file a report as required by § 4203.
Reporting Requirements
Under 21 Del. C. § 4203, you must immediately report an accident to the police agency with jurisdiction over the location when:
- The collision results in injury or death to any person
- Property damage on a public highway is $2,000 or more
- Any driver’s physical ability appears impaired by alcohol or drugs
The Department of Safety and Homeland Security may require supplemental reports. These reports are confidential and cannot be used as evidence in civil or criminal trials, except to prove compliance with the reporting requirement.
When Does a Hit and Run Become a Felony?
A hit and run in Delaware becomes a Class E felony when:
- The victim dies as a result of the collision
- The driver flees and later faces additional felony charges such as vehicular homicide, manslaughter, or DUI causing death
Prosecutors may pursue multiple charges based on the circumstances. If you were intoxicated or acted with intent, you could face:
- Vehicular homicide
- Vehicular manslaughter
- Felony DUI
- Reckless driving
- Fleeing police
Delaware Traffic Crash Statistics
According to the Insurance Institute for Highway Safety (IIHS) and NHTSA data for 2023:
- Total traffic deaths: 135
- Death rate: 13.1 per 100,000 population
- Deaths per 100 million vehicle miles: 1.39
- Car occupant deaths: 49 (36%)
- Pickup and SUV occupant deaths: 36 (27%)
- Pedestrian deaths: 27 (20%)
- Motorcyclist deaths: 14 (10%)
- Bicyclist deaths: 5 (4%)
- Alcohol-involved fatalities: Approximately 33% of fatally injured drivers had BAC of 0.08% or higher
- Urban vs. rural: 62% urban, 36% rural
Nationally, hit and run crashes occur approximately every 43 seconds, resulting in over 2,000 fatalities annually according to AAA Foundation research.
How Fault is Determined in Delaware
Delaware uses a modified comparative negligence rule under 10 Del. C. § 8132. This means:
- You can recover damages only if your negligence was not greater than the defendant’s negligence
- Your damages will be reduced in proportion to your percentage of fault
- If you are 51% or more at fault, you cannot recover any compensation
“Any damages awarded shall be diminished in proportion to the amount of negligence attributed to the plaintiff.” — 10 Del. C. § 8132
Important tip: Never admit fault at the scene of an accident. Let investigators determine responsibility. Admitting fault could bar you from compensation and increase your insurance premiums.
Statute of Limitations
In Delaware, you have two years from the date of the incident to file a personal injury or wrongful death lawsuit. For property damage claims, consult with an attorney about applicable deadlines.
Common Hit and Run Defenses
Defenses depend on the specific facts of your case. Common defenses include:
- Lack of knowledge: You did not know you were involved in an accident
- Safety concerns: You left because you feared for your safety
- No damage or injury: The other party did not actually suffer property damage, loss, or injury
- Emergency: You left to seek medical treatment for yourself or passengers
- Compliance: You fulfilled all legal requirements before leaving the scene
All cases have unique facts. Contact an attorney immediately to discuss your specific situation.
Frequently Asked Questions
What should I do if someone hits my car and drives off?
Call the police immediately. Document everything you can remember: the fleeing vehicle’s license plate, make, model, color, and the driver’s description. Gather contact information from any witnesses. Do not chase the fleeing driver. Contact your insurance company and consider consulting an attorney.
Can I leave if I only hit a parked car?
No. You must attempt to locate the owner. If you cannot find them, leave a written note with your name, address, and contact information in a conspicuous place on the damaged vehicle. Then report the incident to police.
What is the difference between a misdemeanor and felony hit and run in Delaware?
Property damage and injury accidents are misdemeanors. A hit and run becomes a Class E felony only when someone dies. Felony charges carry mandatory prison time and longer license revocations.
Will my license be suspended for a hit and run?
Yes. Delaware mandates license revocation for all hit and run convictions: 6 months for property damage only, 1 year for injury, and 2 years for fatal accidents.
Can all hit and run cases go to mediation?
Delaware’s Superior Court offers Alternative Dispute Resolution (ADR) for civil matters. If successful, mediation may help resolve civil claims without a full trial. However, criminal charges are handled separately. Consult an attorney about your options.