📅 Last verified: January 2026. This page reflects current Mississippi Code §§ 63-3-401 through 63-3-405 and related provisions.
📑 Table of Contents (click to expand)
Quick Summary: Mississippi Hit and Run Laws
Under Mississippi Code §§ 63-3-401 and 63-3-405, any 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 can range from a misdemeanor to a serious felony.
- Property damage (over $250): Misdemeanor, up to 1 year jail, $5,000 fine
- Serious injury or death: Felony, up to 20 years prison, $10,000 fine
- DUI hit and run: Felony, up to 5 years prison, $100,000 fine (first offense)
- Mississippi is a fault state with a pure comparative fault rule
- You must report accidents within 10 days
- No vehicular homicide statute: Fatal accidents may be prosecuted under general homicide laws
Penalties for Hit and Run in Mississippi
| Offense Type | Classification | Maximum Jail/Prison | Maximum Fine |
|---|---|---|---|
| Property damage over $250 | Misdemeanor | 1 year | $5,000 |
| Serious injury (disfigurement, limb/organ damage) | Felony | 20 years | $10,000 |
| Death | Felony | 20 years | $10,000 |
| DUI hit and run (first offense) | Felony | 5 years | $100,000 |
Additional consequences: A conviction will result in driver’s license suspension or revocation. The court may impose additional penalties including restitution to victims.
What the Law Requires
Mississippi Code § 63-3-405 outlines the duties of drivers involved in accidents. If you are involved in a collision, you must:
- Immediately stop your vehicle at the scene or as close as possible without obstructing traffic
- Provide your information to the other party, including your name, address, and vehicle registration number
- Show your driver’s license upon request to the victim, vehicle occupants, or law enforcement
- Render reasonable assistance to any injured person, including transportation to a medical facility if necessary
“No such driver who, in good faith and the exercise of reasonable care, renders emergency care to any injured person at the scene of an accident or in transporting said injured person to a point where medical assistance can be reasonably expected, shall be liable for any civil damages.”
Mississippi Code § 63-3-405
This “Good Samaritan” provision protects drivers who render emergency assistance in good faith from civil liability arising from that assistance.
Misdemeanor Hit and Run Offenses
Leaving the scene of an accident in Mississippi is a misdemeanor when the collision does not result in death or serious injury. This includes:
- Accidents causing property damage over $250
- Striking an unattended vehicle without leaving information
- Failure to provide required information at the scene
Striking a Parked Vehicle
If you hit a parked or unattended vehicle, you must remain at the scene and attempt to locate the owner. If you cannot find the owner, leave a note containing your name, address, and vehicle registration number in a visible location on the struck vehicle.
Reporting Requirements
If an accident results in death, injury, or property damage exceeding $250, you must report it within 10 days. Failure to submit a required report is a misdemeanor. While at the scene, contact law enforcement immediately for any serious accidents.
Felony Hit and Run Offenses
Hit and run becomes a felony in Mississippi when the accident results in:
- Serious injury: Damage to facial features, eyes, nose, lips, organs, or limbs
- Death: Any fatality resulting from the collision
The maximum penalty for felony hit and run is 20 years in prison and a $10,000 fine.
No Vehicular Homicide Statute
Mississippi does not have a specific “vehicular homicide” statute. This is significant because if an accident results in death, prosecutors may pursue charges under the state’s general homicide laws. Depending on the circumstances, this could include:
- Manslaughter: If the death resulted from culpable negligence, punishable by up to 20 years in prison
- Murder: If the driver intended to harm or kill the victim
Mississippi Code § 97-3-47 defines manslaughter as “every other killing of a human being, by the act, procurement, or culpable negligence of another, and without the authority of law.”
DUI Hit and Run
Driving under the influence and leaving the scene of an accident carries severe penalties. If you were intoxicated and caused injury or death, you may face:
- DUI charges with enhanced penalties
- Manslaughter or murder charges
- Up to 5 years in prison and $100,000 in fines for a first DUI offense involving injury
Mississippi Traffic Statistics
Mississippi has one of the highest traffic fatality rates in the nation:
- 2024: Mississippi had the highest traffic fatality rate in the United States
- 2023: 737 traffic fatalities statewide
- Fatality rate: 26.17 deaths per 100,000 population, more than double the national average
- 2025 (through early December): Approximately 235 fatalities investigated by Mississippi Highway Patrol alone
According to the National Highway Traffic Safety Administration, alcohol-involved fatal crashes in Mississippi increased 22% from 2019 to 2023. The Mississippi Office of Highway Safety continues efforts to reduce fatalities through enforcement and education campaigns.
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 the victim, you have three options:
- File a claim with your own insurance company
- File a claim with the at-fault driver’s insurance
- File a civil lawsuit against the at-fault driver
Pure Comparative Fault Rule
Under Mississippi Code § 11-7-15, you can recover damages even if you were partially at fault. Your compensation is reduced by your percentage of responsibility, but unlike some states, there is no threshold that bars recovery entirely.
Example: If you suffer $100,000 in damages but are found 40% at fault, you can still recover $60,000.
Driving without insurance in Mississippi is a misdemeanor punishable by a $500 fine and license suspension for up to one year.
Statute of Limitations
- Personal injury claims: 3 years from the date of accident
- Wrongful death claims: 3 years from the date of death
- Property damage claims: 3 years
Possible Defenses to Hit and Run Charges
Prosecutors must prove that leaving the scene was intentional. Potential defenses include:
- Lack of knowledge: You were genuinely unaware of the collision
- Left to seek help: You departed to get emergency assistance or transport an injured person
- Fear for safety: You reasonably believed staying at the scene would put you in danger
- No injury occurred: The victim suffered no actual injury
- Victim’s statements: The other party refused your information or stated they were uninjured
Frequently Asked Questions
How long do I have to report an accident in Mississippi?
You have 10 days to submit a written accident report for any collision resulting in death, injury, or property damage exceeding $250. At the scene, contact law enforcement immediately for any serious accident.
What is a “serious injury” under Mississippi law?
Mississippi Code § 63-3-401 defines serious injury as damage to facial features (including eyes, nose, or lips), organs, or limbs. These injuries elevate hit and run from a misdemeanor to a felony.
Can I be charged with murder for a fatal hit and run?
Yes. Since Mississippi lacks a vehicular homicide statute, prosecutors may pursue manslaughter or murder charges for fatal accidents. If you had a motive or intended harm, homicide charges are possible.
Am I protected if I help an injured person at the scene?
Yes. Mississippi’s Good Samaritan provision protects drivers who render emergency assistance in good faith from civil liability for injuries that may result from that assistance.
What should I do after an accident in Mississippi?
Stop immediately, check on all parties, call law enforcement, exchange information, document the scene with photos if possible, do not admit fault, and contact your insurance company. If the accident involves serious injury or death, consider consulting an attorney before providing statements.
Related Resources
Official Sources:
- Mississippi Code § 63-3-401 (Duties of driver involved in accident)
- National Highway Traffic Safety Administration
Other Mississippi Laws: