Massachusetts Hit and Run Laws (2026 Guide)

Last verified: January 2026. This guide reflects current Massachusetts General Laws Chapter 90, Section 24. Always consult a licensed attorney for legal advice specific to your situation.

📑 Table of Contents (click to expand)

Quick Summary

  • Governing statute: Massachusetts General Laws Chapter 90, Section 24(2)(a) and 24(2)(a½)
  • Felony threshold: Accidents resulting in death or serious bodily injury
  • Property damage penalty: 6 months to 2 years imprisonment, $500 to $1,000 fine
  • Personal injury penalty: Up to 2 years imprisonment, up to $1,000 fine
  • Death/serious injury: Minimum 1 year imprisonment
  • Reporting deadline: 5 days for accidents involving injury, death, or damage over $1,000
  • Insurance system: Massachusetts is a “no-fault” state
  • Fault system for lawsuits: “Modified comparative fault” with 50% threshold

Massachusetts Hit and Run Statute

Massachusetts addresses leaving the scene of an accident under General Laws Chapter 90, Section 24. The statute creates separate offenses for accidents involving property damage, personal injury, and death.

Notably, Massachusetts law specifies that prosecutors must prove six elements beyond a reasonable doubt to obtain a conviction:

  1. The defendant was operating the motor vehicle
  2. The vehicle was operated on a public way or a place where the public has access
  3. The defendant knew they were involved in a collision
  4. The collision resulted in property damage, injury, or death
  5. The defendant knowingly left the scene
  6. The defendant left with the intent to avoid prosecution or identification

The statute explicitly states that the duty to stop “is not satisfied by stopping at some remote place or by being passively willing to answer inquiries.”

Under Massachusetts law, if you are involved in an accident you must:

  • Stop immediately at the scene of the accident
  • Provide your information to the injured person, property owner, or occupant of the struck vehicle:
    • Your name
    • Your home address
    • Your motor vehicle registration number
  • Exchange information directly at the scene (stopping at a remote location does not satisfy the law)
  • Report the accident within 5 days if it is a “reportable accident”

If the injured person cannot receive information: You must provide your information to a public officer at the scene.

Parked vehicles: If you hit an unattended vehicle and cannot locate the owner, leave a note with your contact information in a conspicuous place. If damage exceeds $1,000, you must also report to police.

Misdemeanor Hit and Run in Massachusetts

Property Damage Only (Section 24(2)(a))

Leaving the scene of an accident that causes only property damage is punishable by:

  • A mandatory minimum of 6 months imprisonment
  • A maximum of 2 years imprisonment
  • A fine between $500 and $1,000

Personal Injury (Section 24(2)(a½)(1))

Leaving the scene of an accident involving personal injury (not resulting in death) is punishable by:

  • Up to 2 years imprisonment
  • A fine of up to $1,000

License suspension:

  • First offense: 1 year suspension
  • Second offense: 2 years suspension

Felony Hit and Run in Massachusetts

Leaving the scene of an accident that results in death or serious bodily injury is a felony carrying a mandatory minimum sentence of 1 year in prison.

DUI Vehicular Manslaughter:

If the driver was under the influence of alcohol or drugs and the victim dies, prosecutors may pursue vehicular manslaughter charges under Chapter 90, Section 24G, which carries:

  • Up to 20 years in prison
  • License revocation ranging from 15 years to permanent, depending on circumstances

The distinction between vehicular homicide and manslaughter depends on intent. If there is evidence the driver deliberately intended to harm the victim, homicide charges may apply.

Massachusetts Hit and Run Penalties Summary

Offense Minimum Sentence Maximum Sentence Fine Range License Suspension
Property damage 6 months 2 years $500 to $1,000 1 year (first offense)
Personal injury None specified 2 years Up to $1,000 1 year (first offense)
Serious injury or death 1 year Varies Varies Extended
DUI manslaughter Varies 20 years Varies 15 years to permanent
Failure to report (5 days) None 2 years Varies Up to 60 days

Massachusetts Crash Statistics

According to data from the Insurance Institute for Highway Safety (IIHS) for 2023:

  • Total motor vehicle deaths: 343 fatalities
  • Death rate: 4.9 per 100,000 population (the lowest in the entire United States)
  • Deaths per 100 million miles traveled: 0.56 (also the lowest in the nation)
  • Pedestrian fatalities: 67 deaths (20% of all traffic deaths)
  • Motorcyclist fatalities: 60 deaths (17% of total)
  • Single-vehicle crashes: 60% of fatalities
  • Alcohol involvement: Approximately 33% of fatally injured drivers had BAC of 0.08% or higher

Massachusetts consistently ranks as the safest state for traffic fatalities per capita. This is attributed to factors including extensive public transportation options, urban density that reduces highway speeds, strong traffic enforcement, and comprehensive safety programs.

How Fault Is Determined in Massachusetts

No-Fault Insurance System:

Massachusetts is a “no-fault” state for auto insurance. After an accident, you file a claim with your own insurance company under your Personal Injury Protection (PIP) coverage, regardless of who caused the accident. PIP covers medical expenses and lost wages up to your policy limits.

Modified Comparative Fault (for lawsuits):

If you file a lawsuit beyond PIP coverage, Massachusetts follows a “modified comparative fault” rule:

  • You can only recover damages if you are less than 50% responsible for the accident
  • If you are 50% or more at fault, you cannot recover any compensation
  • If you are less than 50% at fault, your recovery is reduced by your percentage of responsibility

Important: Never admit fault at the scene. Fault is determined by investigators, insurance adjusters, and courts. Your statements can be used against you.

Possible Defenses to Hit and Run Charges

Massachusetts law requires prosecutors to prove specific elements, which opens several potential defenses:

  • Lack of knowledge: You were genuinely unaware that a collision occurred
  • No intent to avoid prosecution: You left for a legitimate reason, not to escape identification
  • Fear for safety: You reasonably believed staying at the scene would result in physical harm
  • No injury or damage: The statute notes that “the extent of the damage is not relevant except to the extent that it may be circumstantial evidence of whether or not the defendant knew that there had been a collision”
  • Identity dispute: You were not the person operating the vehicle
  • Victim’s statements: The other party claimed to be uninjured or refused to exchange information

Frequently Asked Questions

What is a “reportable accident” in Massachusetts?

Under Section 26, you must report any accident that results in injury, death, or property damage exceeding $1,000. The report must be filed with the registrar within 5 days (the extended period applies if you are incapacitated; otherwise, report as soon as possible).

Where do I file an accident report?

Reports can be filed online through the Massachusetts RMV website or in person at a registry office.

Can I be charged even if I was not at fault?

Yes. The legal obligation to stop and exchange information applies to all drivers involved in an accident, regardless of fault.

What is the statute of limitations for civil claims?

In Massachusetts, you have 3 years from the date of the accident to file a personal injury or wrongful death lawsuit. The same period applies to property damage claims.

What if I left because I feared for my safety?

Fear for safety can be a valid defense. If you leave due to a credible threat, report to the nearest police station immediately and explain the circumstances.

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