Pennsylvania Hit and Run Laws: Statutes, Penalties, and Defenses
Quick Summary: Pennsylvania Hit and Run Penalties
Pennsylvania's hit and run laws are found in Title 75, Chapter 37 of the Pennsylvania Consolidated Statutes. Penalties vary based on the severity of the accident.
- Death (second-degree felony): Mandatory minimum 3 years in prison, minimum $2,500 fine
- Serious bodily injury (third-degree felony): Mandatory minimum 90 days in prison, minimum $1,000 fine
- Injury (first-degree misdemeanor): Up to 5 years in prison, up to $10,000 fine
- Property damage (third-degree misdemeanor): Up to 1 year in jail, up to $2,500 fine
- Unattended vehicle (summary offense): Up to 90 days in jail, up to $300 fine
- Report requirement: Immediate notification to police for death, injury, or vehicle unable to be driven
- Accident report: Must be filed within 5 days
Your Legal Duties at the Scene of an Accident
Under 75 Pa.C.S. Section 3744, Pennsylvania law requires every driver involved in an accident to:
- Stop immediately at the scene. If your vehicle is a hazard to other drivers or blocks traffic, you may move it close to the scene and then return.
- Provide information: Give your name, vehicle registration number, and address to the victim, law enforcement, or occupant of the struck vehicle.
- Show your license: Upon request, exhibit your license and insurance information to the struck property owner or vehicle occupant.
- Render reasonable assistance to anyone who needs it.
If the victim requests it or clearly needs immediate medical assistance, you may transport them to a hospital.
Occupants of the struck vehicle also have a duty to render reasonable assistance and exchange information with the other party if the driver is unable to do so.
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 if a hostile crowd forms or the other party brandishes a weapon. You should be prepared to prove your reason for leaving.
How to Protect Yourself After an Accident
- Stop at the scene and remain until you exchange information or law enforcement clears you to leave
- Render reasonable assistance to anyone who needs it
- Do not admit fault at the scene
- Do not threaten, harm, or engage 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 file an accident report within 5 days
Misdemeanor Hit and Run in Pennsylvania
Property Damage Only (Third-Degree Misdemeanor)
Under 75 Pa.C.S. Section 3743, leaving the scene of an accident involving property damage without exchanging information is a third-degree misdemeanor. Penalties include:
- Up to 1 year in jail
- Maximum fine of $2,500
- License suspension
Injury Without Serious Bodily Harm (First-Degree Misdemeanor)
If the accident causes injury that does not rise to the level of "serious bodily injury," leaving the scene is a first-degree misdemeanor under 75 Pa.C.S. Section 3742. Penalties include:
- Up to 5 years in prison
- Maximum fine of $10,000
Hitting an Unattended Vehicle (Summary Offense)
Under 75 Pa.C.S. Section 3745, if you hit an unattended vehicle, you must:
- Immediately stop your vehicle
- Make a reasonable effort to locate the struck vehicle owner
- If you cannot locate the owner, attach a note containing your name, vehicle registration, address, and contact information to a visible part of the struck vehicle
- Report the accident to the nearest police department
Failure to follow these steps is a summary offense punishable by up to 90 days in jail and a $300 fine.
Reportable Accidents
Section 3746 requires you to immediately notify the nearest police department using the quickest means of communication if the accident involves death, injury, or a vehicle that cannot be driven safely under its own power.
You have 5 days to file an accident report. Failure to report may result in driver's license suspension.
Evading the police in Pennsylvania is a second-degree misdemeanor punishable by up to 2 years in prison and a maximum fine of $5,000.
Driving Without a License or on a Suspended License
If you commit a property damage hit and run while your driving privileges have been revoked or suspended, or while you do not have a valid license, the charge is elevated to a second-degree misdemeanor. If the accident resulted from negligence, the charge is a third-degree misdemeanor.
If the accident causes serious injury or death while you are unlicensed, the charge becomes a third-degree felony.
Felony Hit and Run in Pennsylvania
Serious Bodily Injury (Third-Degree Felony)
Under 75 Pa.C.S. Section 3742, if an accident causes serious bodily injury and you knowingly leave the scene without fulfilling your statutory obligations, you are guilty of a third-degree felony.
"Serious bodily injury" refers to any injury that creates a significant risk of death, causes serious permanent disfigurement, or results in prolonged loss or impairment of any bodily function.
Penalties include:
- Mandatory minimum of 90 days in prison
- Mandatory minimum fine of $1,000
- Up to 7 years in prison
- License suspension or revocation
Death (Second-Degree Felony)
If the accident causes death and you leave the scene, the charge escalates to a second-degree felony. Penalties include:
- Mandatory minimum of 3 years in prison
- Mandatory minimum fine of $2,500
- Up to 10 years in prison
- License revocation
The statute explicitly states that courts have no authority to impose a lesser sentence, place the offender on probation, or suspend the sentence for these felony hit and run convictions. Sentencing guidelines from the Pennsylvania Commission on Sentencing cannot override these mandatory minimums.
Pennsylvania Hit and Run Penalties Summary
- Property damage: Third-degree misdemeanor, up to 1 year in jail, $2,500 fine
- Unattended vehicle: Summary offense, up to 90 days in jail, $300 fine
- Injury (not serious): First-degree misdemeanor, up to 5 years in prison, $10,000 fine
- Serious bodily injury: Third-degree felony, mandatory minimum 90 days in prison, minimum $1,000 fine, up to 7 years
- Death: Second-degree felony, mandatory minimum 3 years in prison, minimum $2,500 fine, up to 10 years
- Evading police: Second-degree misdemeanor, up to 2 years in prison, $5,000 fine
- Negligent homicide: Third-degree felony, up to 7 years in prison, $15,000 fine
Upon conviction for any of these offenses, the state will suspend or revoke your driving privileges.
Civil Liability and How Fault Is Determined
Pennsylvania is a no-fault state, meaning your insurer pays for your medical treatment and other expenses covered under your policy. However, if you suffer severe injuries that meet the state's threshold, you may sue the other driver for damages.
If you do not file an accident report, your insurer may deny you compensation.
Victims of a hit and run may take civil action to recover lost wages, medical bills, pain and suffering, and other damages.
Statute of Limitations:
- Personal injury claims: 2 years from the date of the accident
- Property damage claims: 2 years
- Wrongful death claims: 2 years from the date of death
What Victims Should Do
- Call the police immediately after a hit and run
- Gather evidence, including the fleeing driver's description, car make, color, damage to the vehicle, and any other useful details
- Seek medical attention and do not comment about your health until you talk to a professional
- Do not accept responsibility for the accident or use words that indicate guilt
- Call your attorney and insurer
- Keep records of treatment, repairs, or replacement costs
Possible Defenses to Hit and Run Charges
Several defenses may apply to hit and run charges in Pennsylvania:
- Fear for safety: You had a legitimate reason to believe that staying at the scene would result in harm to you
- Lack of knowledge: You were genuinely unaware that an accident occurred
- Compliance: You fulfilled all statutory obligations before leaving the scene
- Mistaken identity: You were not the driver of the vehicle
- No injury or damage: The accident did not result in injury or property damage
Other Pennsylvania Laws
Sources and References
- 75 Pa.C.S. Section 3742: Accidents Involving Death or Personal Injury(legis.state.pa.us).gov
- 75 Pa.C.S. Section 3743: Accidents Involving Damage to Attended Vehicle or Property(legis.state.pa.us).gov
- 75 Pa.C.S. Section 3744: Duty to Give Information and Render Aid(legis.state.pa.us).gov
- 75 Pa.C.S. Section 3745: Accidents Involving Damage to Unattended Vehicle or Property(legis.state.pa.us).gov
- 75 Pa.C.S. Section 3746: Immediate Notice of Accident to Police Department(legis.state.pa.us).gov