Pennsylvania Hit and Run Laws: What happens if someone leaves the scene of an accident?

Table Of Contents

Pennsylvania Hit and Run Laws: What happens if someone leaves the scene of an accident?
Pennsylvania hit and run laws explained: What happens if you leave the scene of an accident?
- What to do after an accident in Pennsylvania
Is leaving the scene of an accident a misdemeanor in Pennsylvania?
- What happens if you hit an unattended vehicle in Pennsylvania?
Is leaving the scene of an accident a felony?
What is the penalty for leaving the scene of an accident in Pennsylvania?
- Administrative and civil penalties
How is fault determined in Pennsylvania?

What is the penalty for leaving the scene of an accident in Pennsylvania?

A hit and run involving property damage is a misdemeanor of the third degree in Pennsylvania. In addition, if anyone dies or suffers serious injuries, leaving the scene of the accident is a felony.

Quick take: leaving the scene of an accident in Pennsylvania

Pennsylvania is a no-fault state.
You must notify the police if the accident results in death or injury using the quickest means possible.
You have five days to file an accident report.
A hit-and-run involving an unattended vehicle is a summary offense.
You have two years to file a personal injury claim.
Do not admit fault at the scene of an accident.

References

Pennsylvania hit and run laws explained: What happens if you leave the scene of an accident?

If you leave the scene of an accident without fulfilling driver obligations under sections 3741 through to 3745, you are guilty of a misdemeanor or felony. What is vital to remember is that your actions before and after an accident determine if you are guilty of a criminal offense.

What to do after an accident in Pennsylvania

Section 3743 “accidents involving damage to attended vehicle or property” and 3742 “accidents involving death or personal injury.” Require that whenever a driver in Pennsylvania is involved in a traffic collision, the individual must do the following. Failing to fulfill the statutory requirements below turns an accident into a criminal offense. However, the victim may take civil action even if you fulfill the state’s driver requirements at the scene of an accident.

Your legal duties at the scene of an accident in Pennsylvania under section 3744:

You must immediately stop your vehicle at the scene of an accident. However, if the vehicle is a hazard to other drivers or interferes with traffic, you may move the vehicle close to the scene and then return.
Give your name, vehicle registration number, and address to the victim, law enforcement officer present at the scene, or occupant in the struck vehicle.
Upon request, you must exhibit your license and information relating to financial responsibility to the struck property owner or occupant from the struck vehicle.
Render reasonable assistance to anyone who needs it.
Occupants of the struck vehicle have a duty to render reasonable assistance to anyone who needs it and exchange information with the other party if the driver is incapable.

If the victim requests it or if it is apparent that the person needs immediate medical assistance, you may transport them to a hospital.

Also, section 3745, “accident clearance” reads in part, quote:

“The driver of a motor vehicle involved in a traffic accident may request any individual who possesses a valid driver’s license to remove the vehicle from the roadway to comply with this section. Such individual is not required to comply with the request and shall not be subject to any liability, either civil or criminal, for refusing the request.”

How to avoid hit and run charges in Pennsylvania

An accident becomes a crime if you do not fulfill the statutory obligations above.

But what if you fear for your safety?

If you have reason to fear for your safety, you may leave the scene and immediately report the accident at the nearest police station. For example, you may leave the scene if a hostile mob forms or the other party brandishes a weapon.

That said.

You may avoid hit and run charges and the fallout if you do the following:

First, stop at the scene of the collision and remain there until you exchange information or until law enforcement clears you to leave.
Before you leave the scene, make sure that you have a valid reason and that you can prove it.
Render reasonable assistance to anyone who needs it.
Do not admit fault at the scene of the incident.
Do not threaten, harm, or participate in road rage after an accident.
Collect evidence, including dashcam footage and witness testimonies.
Call your attorney before filing an accident report if the accident results in expensive property damage, death, or injury.
Call your insurer and make sure that you file an accident report.

Is leaving the scene of an accident a misdemeanor in Pennsylvania?

Yes. If you leave the scene of an accident without exchanging information with the struck property owner. You are guilty of a misdemeanor of the third degree (if no one suffers injury). A misdemeanor of the third degree is punishable by up to one year in jail and a maximum fine of $2500 for a first offense.

What happens if you hit an unattended vehicle in Pennsylvania?

Under section 3745, “accident involving damage to unattended vehicle or property.” If you hit an unattended vehicle and fail to do the following.

You must immediately stop your vehicle.
Make a reasonable effort to locate the struck vehicle owner.
If you cannot locate the owner, you must attach a note containing your name, vehicle registration, address, and contact information on a conspicuous section of the struck vehicle.
You may also report the accident to the nearest office of a duly authorized police department.

You would be guilty of a summary offense punishable by a maximum fine of $300 and up to 90 days in jail.

What is a reportable accident in Pennsylvania?

Section 3746, “immediate notice of the accident to the police department,” requires all drivers in Pennsylvania to immediately give notice to the nearest police department using the quickest means of communication if the accident involves injury, death, or quote:

“Damage to any vehicle involved to the extent that it cannot be driven under its power in its customary manner without further damage or hazard to the vehicle, other traffic elements, or the roadway, and therefore requires towing.”

Remember, you have five days to file an accident report, and failure to report may result in driver’s license suspension.

It is also worth mentioning that evading the police is a second-degree misdemeanor in Pennsylvania.

Negligence/ causing injury while not properly licensed

In Pennsylvania, if you commit a hit and run involving property damage while your driving privileges have been recalled, revoked, or suspended or if you do not have a valid driver’s license, you are guilty of a misdemeanor of the second degree. If the accident resulted from negligence, the driver is guilty of a misdemeanor of the third degree.

If the victim suffers serious injury or death, the driver is guilty of a felony of the third degree.

Is leaving the scene of an accident a felony?

Yes. If the victim suffers serious injuries or dies, knowingly leaving the scene is a felony. “Serious injury” refers to any injury that results or puts the victim at significant risk of death, disfigurement, or paralysis. In addition, section 3842 states that if anyone suffers a serious injury and you leave the scene without fulfilling statutory obligations, you are guilty of a felony of the third degree.

A felony of the third degree in Pennsylvania is punishable by a minimum term of 90 days in prison and a mandatory minimum fine of $1000.

If the victim dies, the charges escalate to a felony of the second degree, punishable by a minimum sentence of three years and a mandatory minimum fine of $3000.

It is worth noting that section C of the statute reads:

“There shall be no authority in any court to impose on an offender to which this section is applicable any lesser sentence than provided for in subsection (b)(2) or (3) or to place such offender on probation or to suspend the sentence. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section.”