Hit and Run Laws Traffic Laws Criminal Law Massachusetts Laws

Massachusetts Hit and Run Laws: Penalties and What to Do

January 13, 202211 min read

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

Quick Summary of Massachusetts Hit and Run Laws

Massachusetts addresses hit and run offenses under General Laws Chapter 90, Section 24. The state creates separate criminal charges depending on whether the accident involves property damage, personal injury, or death. All drivers involved in a collision must stop immediately and provide their name, home address, and vehicle registration number at the scene.

Massachusetts rear window of a vehicle with a parking permit sticker visible

Penalties range from a minimum of 2 weeks in jail for property damage cases up to a mandatory minimum of 1 year in state prison for accidents involving death. Massachusetts prosecutors must prove that the driver knowingly left the scene with intent to avoid prosecution or identification.

What Massachusetts Law Requires After an Accident

Under Chapter 90, Section 24, any driver involved in a motor vehicle accident on a public way or any place where the public has access must fulfill specific legal obligations. These requirements apply regardless of who caused the accident.

Immediate Duties at the Scene

You must stop your vehicle immediately at the location of the accident. Massachusetts law explicitly states that stopping at a remote location does not satisfy the legal requirement. You must stop at the actual scene of the collision.

Once stopped, you must provide three pieces of information to the other party:

Your full name
Your home address
Your motor vehicle registration number

If the injured person cannot receive this information due to their condition, you must provide it to a law enforcement officer at the scene.

Unattended or Parked Vehicles

If you strike a parked or unattended vehicle and cannot locate the owner, you must leave a written note in a visible location on the vehicle. The note must include your name, address, and registration number. If the damage exceeds $1,000, you must also file a report with the police.

Accident Reporting Requirements

Under Section 26 of Chapter 90, you must report any "reportable accident" to the Registrar of Motor Vehicles within 5 days. A reportable accident is one that results in injury, death, or property damage exceeding $1,000.

You can file your accident report online through the Massachusetts RMV website or in person at a registry office. Failure to file a required report is punishable by up to 2 years of imprisonment and up to 60 days of license suspension.

Elements Prosecutors Must Prove

Massachusetts law requires prosecutors to prove six elements beyond a reasonable doubt to obtain a hit and run conviction:

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

The statute specifically 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."

Misdemeanor Hit and Run Penalties

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

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

A minimum of 2 weeks in the house of correction
A maximum of 2 years in the house of correction
A fine of $20 to $200
Or both imprisonment and fine

This offense is classified as a misdemeanor. A first-offense conviction results in a 1-year license suspension.

Personal Injury Not Resulting in Death (Section 24(2)(a1/2)(1))

Leaving the scene of an accident that causes personal injury (but not death) carries significantly harsher penalties:

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

License suspension for a first offense is 1 year. A second offense results in a 2-year suspension.

Felony Hit and Run Penalties

Leaving the Scene of a Fatal Accident (Section 24(2)(a1/2)(2))

Leaving the scene of an accident that results in death is a felony in Massachusetts. The penalties include:

A mandatory minimum of 1 year in state prison
A maximum of 10 years in state prison
Alternatively, 1 to 2.5 years in the house of correction

The mandatory minimum means the convicted person is not eligible for parole, probation, work release, or any reduction for good conduct until they have served at least 1 year.

Motor Vehicle Homicide While Intoxicated (Section 24G)

If the driver was under the influence of alcohol or drugs at the time of a fatal accident, prosecutors may pursue vehicular manslaughter charges under Chapter 90, Section 24G. Penalties include:

A minimum of 2.5 years in state prison
A maximum of 15 years in state prison (reckless OUI manslaughter)
License revocation ranging from 15 years to permanent

Massachusetts Hit and Run Penalties Summary

Offense	Minimum Sentence	Maximum Sentence	Fine Range	License Suspension
Property damage only	2 weeks	2 years	$20 to $200	1 year (first offense)
Personal injury (not death)	6 months	2 years	$500 to $1,000	1 year (first offense)
Death	1 year (mandatory)	10 years state prison	Varies	Extended
Failure to report (5 days)	None	2 years	Varies	Up to 60 days
OUI manslaughter	2.5 years	15 years	Varies	15 years to permanent

Massachusetts Crash Statistics

According to data from the Insurance Institute for Highway Safety (IIHS) and NHTSA for the most recent reporting periods:

Total motor vehicle deaths (2023): 343 fatalities
Death rate: 4.9 per 100,000 population, the lowest of any state in the country
Deaths per 100 million miles traveled: 0.56, also the lowest in the nation (national average: 1.26)
Rural road fatalities: Only 4% of crash deaths occurred on rural roads, the lowest percentage among all states
Pedestrian fatalities: 67 deaths (20% of all traffic deaths)
Motorcyclist fatalities: 60 deaths (17% of total)
Alcohol involvement: Approximately 33% of fatally injured drivers had a BAC of 0.08% or higher
National trend (2024): NHTSA estimates 39,345 total U.S. traffic fatalities in 2024, a 3.8% decrease from 2023

Massachusetts consistently ranks as the safest state for traffic fatalities per capita. Contributing factors include extensive public transportation, urban density that reduces highway speeds, strong traffic enforcement, and comprehensive safety programs.

How Fault Is Determined in Massachusetts

No-Fault Insurance System

Massachusetts hospital emergency entrance sign illuminated at twilight

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

Modified Comparative Fault Rule

If your damages exceed PIP coverage and you file a lawsuit, Massachusetts follows a modified comparative fault rule under General Laws Chapter 231, Section 85:

You can only recover damages if your negligence was not greater than the total negligence of all defendants.
If you are 51% or more at fault, you cannot recover any compensation.
If you are 50% or less at fault, your recovery is reduced by your percentage of responsibility.

Example: If you suffer $100,000 in damages and are found 30% at fault, you would recover $70,000.

Never admit fault at the scene of an accident. Fault determination is the responsibility of investigators, insurance adjusters, and courts.

Statute of Limitations for Civil Claims

Under Chapter 260, Section 2A, you have 3 years from the date of the accident to file a personal injury lawsuit. The same 3-year period applies to wrongful death and property damage claims.

Insurance Implications of a Hit and Run

A hit and run conviction in Massachusetts carries serious insurance consequences beyond the criminal penalties:

Surcharge points: A leaving-the-scene conviction is classified as a major traffic violation and will result in significant insurance surcharges.
Policy cancellation: Your insurer may choose not to renew your policy after a hit and run conviction.
Higher premiums: Even after reinstatement, expect substantially higher premiums for several years.
Uninsured motorist coverage: If you are the victim of a hit and run, your uninsured motorist (UM) coverage may help pay for your injuries and vehicle damage.

Massachusetts requires all drivers to carry minimum auto insurance, including $20,000 per person and $40,000 per accident in bodily injury liability, $5,000 in property damage liability, and $8,000 in PIP coverage.

Possible Defenses to Hit and Run Charges

Because Massachusetts prosecutors must prove all six elements of the offense, several defenses may apply:

Lack of knowledge: You were genuinely unaware that a collision occurred. This is more credible in minor-contact situations.
No intent to avoid prosecution: You left for a legitimate reason, not to escape identification. For example, you drove to the nearest police station to report the accident.
Fear for safety: You reasonably believed that remaining at the scene would result in physical harm to you.
Identity dispute: You were not the person operating the vehicle at the time of the collision.
Victim refused information exchange: The other party claimed to be uninjured or refused to exchange information.
Emergency medical situation: You left to seek immediate medical attention for yourself or a passenger.

What to Do If You Are Involved in an Accident

Following these steps protects your legal rights and helps you comply with Massachusetts law:

Stop immediately at the scene. Do not move your vehicle unless it creates a traffic hazard.
Check for injuries. Call 911 if anyone needs medical attention.
Exchange information with all other parties involved: name, address, and registration number.
Document the scene. Take photos of vehicle damage, road conditions, and any visible injuries.
File an accident report within 5 days if the accident involves injury, death, or property damage over $1,000.
Contact your insurance company promptly. Massachusetts is a no-fault state, so your own PIP coverage applies first.
Do not admit fault at the scene. Let investigators and adjusters make that determination.

Official References:

More Massachusetts Laws

Sources and References

Massachusetts General Laws Chapter 90, Section 24(malegislature.gov).gov
Massachusetts General Laws Chapter 90, Section 26 (Accident Reports)(malegislature.gov).gov
File an Accident Report (Mass.gov)(mass.gov).gov
Massachusetts General Laws Chapter 231, Section 85 (Comparative Negligence)(malegislature.gov).gov
Massachusetts General Laws Chapter 90, Section 24G (Motor Vehicle Homicide)(malegislature.gov).gov
Massachusetts General Laws Chapter 260, Section 2A (Statute of Limitations)(malegislature.gov).gov
IIHS Fatality Facts 2023: State by State(iihs.org)
NHTSA 2024 Traffic Fatality Estimates(nhtsa.gov).gov