Mississippi Hit and Run Laws: Penalties and What to Do

Quick Summary of Mississippi Hit and Run Laws

Under Mississippi Code §§ 63-3-401 through 63-3-405, every driver involved in an accident must immediately stop, provide required information, and render reasonable assistance to injured persons. Leaving the scene without fulfilling these duties is a crime that ranges from a misdemeanor to a serious felony depending on the severity of the injuries involved.

Mississippi law separates hit and run offenses into three tiers. Accidents involving only property damage carry misdemeanor penalties. Accidents causing personal injury result in higher misdemeanor penalties. Accidents resulting in death, mutilation, disfigurement, or permanent disability elevate the offense to a felony with prison time of up to 20 years.

Mississippi is a fault state that uses a pure comparative negligence rule under Code § 11-7-15. The state also has one of the highest traffic fatality rates in the nation, making compliance with accident-scene obligations especially important.

Last verified: March 2026. This page reflects current Mississippi Code §§ 63-3-401 through 63-3-405 and related provisions.

Penalties for Hit and Run in Mississippi

Mississippi structures hit and run penalties based on the severity of the accident. Each tier carries different maximum sentences and fines.

Offense Type	Statute	Classification	Jail or Prison	Fine Range
Property damage (attended vehicle)	§ 63-3-403	Misdemeanor	5 to 30 days	$100 to $500
Property damage (unattended vehicle)	§ 63-3-404	Misdemeanor	5 to 30 days	$100 to $500
Personal injury	§ 63-3-401(3)	Misdemeanor	30 days to 1 year	$100 to $5,000
Death or serious injury	§ 63-3-401(4)	Felony	5 to 20 years	$1,000 to $10,000

A conviction at any level will result in driver's license revocation by the Mississippi Department of Public Safety. The court may also order restitution to victims for medical expenses, vehicle repair costs, and other damages.

Additional Consequences

Beyond criminal penalties, a hit and run conviction creates lasting effects. Your insurance premiums will increase substantially. You may face civil lawsuits from victims seeking compensation. A felony conviction can affect your ability to find employment, obtain professional licenses, and exercise certain civil rights.

What the Law Requires After an Accident

Mississippi Code § 63-3-405 establishes the specific duties of any driver involved in an accident. Understanding these obligations is critical because failure to comply triggers criminal liability.

Duty to Stop

Under § 63-3-401, the driver of any vehicle involved in an accident resulting in injury or death must immediately stop at the scene or as close to it as possible. You must then return to and remain at the scene until you have fulfilled all requirements under § 63-3-405.

Every stop must be made without obstructing traffic or endangering lives more than necessary.

Duty to Provide Information

You must give the other party your name, address, and vehicle registration number. If the other driver, any vehicle occupant, or a law enforcement officer asks for your driver's license, you must show it.

Duty to Render Aid

If anyone is injured, you must provide reasonable assistance. This includes arranging transportation to a medical facility if necessary or if the injured person requests it.

Mississippi Code § 63-3-405 includes a Good Samaritan provision that protects drivers who render emergency assistance in good faith. If you provide reasonable care to an injured person at the scene or while transporting them to a medical facility, you will not face civil liability for any injuries resulting from that assistance.

Duty Regarding Unattended Vehicles

Under § 63-3-404, if you strike an unattended vehicle, you must attempt to locate the owner. If you cannot find them, you must leave a written note in a conspicuous place on the struck vehicle. The note must include your name, address, and vehicle registration number. Failure to comply carries the same misdemeanor penalties as leaving the scene of a property damage accident.

Misdemeanor Hit and Run Offenses

Hit and run is a misdemeanor in Mississippi when the accident does not result in death or serious injury. There are two categories of misdemeanor offenses.

Property Damage to an Attended Vehicle (§ 63-3-403)

If you are involved in an accident resulting only in damage to a vehicle driven or attended by another person, you must stop and comply with the information-exchange requirements of § 63-3-405. Failure to do so carries a penalty of 5 to 30 days in jail, a fine of $100 to $500, or both.

Personal Injury (§ 63-3-401, Subsection 3)

If an accident results in personal injury but does not cause death, mutilation, disfigurement, permanent disability, or destruction of a limb, organ, or member, leaving the scene is a misdemeanor. The penalty is 30 days to 1 year in jail, a fine of $100 to $5,000, or both.

This is a significant step up from property-damage-only offenses. Any injury, no matter how minor, triggers the higher penalty range.

Felony Hit and Run Offenses

Hit and run becomes a felony in Mississippi when the accident results in the most severe outcomes.

Death or Serious Injury (§ 63-3-401, Subsection 4)

If a driver willfully fails to stop or comply with accident-scene requirements after an accident resulting in any of the following, the offense is a felony:

• Death of another person
• Mutilation of another person
• Disfigurement of another person
• Permanent disability
• Destruction of the tongue, eye, lip, nose, or any other limb, organ, or member

The penalty is 5 to 20 years in prison, a fine of $1,000 to $10,000, or both. The commissioner of public safety will revoke the driver's license of any person convicted under this subsection.

No Vehicular Homicide Statute

Mississippi does not have a specific vehicular homicide statute. This is significant because prosecutors handling fatal accidents may pursue charges under the state's general homicide laws instead.

Under Mississippi Code § 97-3-47, manslaughter is defined as "every other killing of a human being, by the act, procurement, or culpable negligence of another, and without the authority of law." Culpable negligence manslaughter carries up to 20 years in prison.

If the circumstances suggest intentional conduct, prosecutors may pursue murder charges with even steeper penalties.

DUI Hit and Run

Driving under the influence and leaving the scene carries severe consequences. Mississippi Code § 63-11-30 establishes DUI penalties, and when combined with leaving the scene, a driver may face:

• DUI charges with enhanced penalties
• Manslaughter charges if death results from impaired driving
• Fines up to $10,000 for aggravated DUI offenses
• License suspension or revocation for an extended period

Reporting Requirements

Mississippi Code § 63-3-411 requires that any driver involved in an accident resulting in death, injury, or property damage exceeding $500 must file a written accident report. The report must be submitted within 10 days of the accident.

Failure to submit a required report is a separate misdemeanor offense. You should also contact law enforcement at the scene of any serious accident.

If injuries prevent the driver from making the report within the required timeframe, the deadline may be extended. A passenger in the vehicle may also fulfill the reporting obligation on behalf of an incapacitated driver.

Mississippi Traffic Statistics

Mississippi consistently ranks among the most dangerous states for traffic fatalities.

According to TRIP, a national transportation research organization, Mississippi had the highest traffic fatality rate in the nation in 2024. The state's fatality rate reached 24.9 deaths per 100,000 population and 1.79 deaths per 100 million vehicle miles traveled, both the worst in the country.

In 2023, Mississippi recorded 737 traffic fatalities statewide. Preliminary data for 2025 shows a 19% decrease compared to 2024, representing significant improvement.

The National Highway Traffic Safety Administration reports that alcohol-involved fatal crashes in Mississippi increased 22% from 2019 to 2023. The Mississippi Office of Highway Safety continues its enforcement and education campaigns aimed at reducing these numbers.

How Fault Is Determined in Mississippi

Mississippi is a fault state, meaning the driver who caused the accident is responsible for paying damages. If you are a victim, you have three options for seeking compensation:

• File a claim with your own insurance company
• File a claim with the at-fault driver's insurance company
• File a civil lawsuit against the at-fault driver

Pure Comparative Fault Rule

Under Mississippi Code § 11-7-15, Mississippi follows a pure comparative fault system. Your compensation is reduced by your percentage of responsibility, but there is no threshold that bars recovery entirely.

Mississippi was the first state in the nation to adopt pure comparative negligence in 1910. Under this system, even a plaintiff who is 99% at fault can recover 1% of their damages from the other party.

Example: If you suffer $100,000 in damages but a jury finds you 40% at fault, you can still recover $60,000.

Minimum Insurance Requirements

Mississippi requires all drivers to carry liability insurance. Driving without insurance is a misdemeanor punishable by a $500 fine and license suspension for up to one year.

Statute of Limitations for Civil Claims

• Personal injury claims: 3 years from the date of the accident (§ 15-1-49)
• Wrongful death claims: 3 years from the date of death (§ 15-1-49)
• Property damage claims: 3 years from the date of the accident

If the victim is under the age of 21, the statute of limitations may be tolled until they reach that age.

Possible Defenses to Hit and Run Charges

The prosecution must prove that leaving the scene was willful. Potential defenses include:

• Lack of knowledge: You were genuinely unaware that an accident occurred. This is the most common defense and can be effective when the collision was minor.
• Left to seek help: You departed to get emergency assistance or transport an injured person to a hospital. Mississippi law specifically permits this under § 63-3-405.
• Fear for safety: You reasonably believed that remaining at the scene would endanger your life. You must still report the accident as soon as possible.
• Mistaken identity: You were not the driver, or the vehicle identified was not yours.
• No damage or injury: The other party suffered no actual injury and no property was damaged.
• Victim refused information: The other party declined to accept your information or stated they did not want to exchange details.

If you left the scene, the most important step is to contact law enforcement and file a report within the 10-day window. Having a documented record of your attempt to comply can strengthen your defense.

Related Resources

Official Sources:

• Mississippi Code § 63-3-401 (Accident Involving Injury or Death)
• Mississippi Code § 63-3-403 (Property Damage to Attended Vehicle)
• Mississippi Code § 63-3-405 (Duties to Provide Information and Render Aid)
• Mississippi Code § 11-7-15 (Comparative Negligence)
• National Highway Traffic Safety Administration

Other Mississippi Laws:

• Mississippi Recording Laws
• Mississippi Car Seat Laws
• Mississippi Statute of Limitations
• Mississippi Whistleblower Laws

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