Pennsylvania
Pennsylvania Hit and Run Laws: Statutes, Penalties, and Defenses
Pennsylvania penalizes leaving the scene of an accident under 75 Pa.C.S. Section 3742 and related statutes, with severity tied to the harm caused. Property damage is a third-degree misdemeanor; serious bodily injury carries a mandatory 90-day prison minimum; and death is a second-degree felony with a mandatory 3-year minimum.
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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
- Pennsylvania Recording Laws
- Pennsylvania Car Seat Laws
- Pennsylvania Lemon Law
- Pennsylvania Sexting Laws
- Pennsylvania Child Support Laws
- Pennsylvania Statute of Limitations
- Pennsylvania Whistleblower Laws
More Pennsylvania Laws
Frequently Asked Questions
What are the mandatory minimum penalties for felony hit and run in Pennsylvania?
For serious bodily injury, the mandatory minimum is 90 days in prison and a $1,000 fine. For death, the mandatory minimum is 3 years in prison and a $2,500 fine. Courts have no authority to impose lesser sentences, grant probation, or suspend these sentences.
How long do I have to file an accident report in Pennsylvania?
You must notify police immediately using the quickest means for accidents involving death, injury, or a vehicle that cannot be driven safely. You then have 5 days to file a written accident report. Failure to report may result in driver's license suspension.
Is leaving the scene of a property damage accident a felony in Pennsylvania?
No. Property damage hit and run is typically a third-degree misdemeanor punishable by up to 1 year in jail and a $2,500 fine. However, if you were driving without a license or on a suspended license, the charge may be elevated to a second-degree misdemeanor.
Can I leave the scene if I feel unsafe?
Yes. If you have a legitimate reason to fear for your safety, such as a hostile crowd or a threat from the other party, you may leave the scene. However, you should immediately report the accident to the nearest police station and be prepared to prove your reason for leaving.
What is the statute of limitations for a hit and run in Pennsylvania?
The statute of limitations for personal injury, property damage, and wrongful death claims is 2 years from the date of the accident. If the victim dies, the 2-year period for wrongful death claims starts from the date of death.
Injured in Pennsylvania? Get a free case review from a personal-injury attorney
If someone else's negligence caused your injury, you may be owed compensation for medical bills, lost wages, and pain and suffering. Get a free, no-obligation review from a Pennsylvania personal-injury attorney. Most work on contingency, so there is no upfront cost.
The Law Behind This Article
This article rests on 5 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
Pennsylvania Consolidated Statutes Title 75 (Vehicles)
§ 3742Accidents involving death or personal injuryIn forcecited in 4 of our articles
(a) General rule.--The driver of any vehicle involved in an accident resulting in injury or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 3744 (relating to duty to give information and render aid). Every stop shall be made without obstructing traffic more than is necessary. (a.1) Highly automated vehicles.--If a vehicle under subsection (a) is a highly automated vehicle operating with an ADS engaged or without a highly automated vehicle driver on board, the requirements of this section are satisfied if the highly automated vehicle stops at the scene of an accident or as close thereto as is safely possible and remains at the scene until the requirements of section 3744 have been fulfilled. (b) Penalties.-- (1) Except as otherwise provided in this section, any person violating this section commits a misdemeanor of the first degree.
Official text (excerpt) · as of 2026-07-29 · Read the full section at palegis.us
Cited in 87 court opinionsMost recently applied by a court: 2026
Leading cases: Commonwealth v. Druce (Supreme Court of Pennsylvania 2004, 577 Pa. 581) · Commonwealth v. Woosnam (Superior Court of Pennsylvania 2003, 2003 Pa. Super. 99) · Com. v. Warunek, J. (Superior Court of Pennsylvania 2022, 279 A.3d 52)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Pennsylvania Statute of Limitations: Filing Deadlines by Case Type
§ 3743Accidents involving damage to attended vehicle or propertyIn forcecited in 2 of our articles
(a) General rule.--The driver of any vehicle involved in an accident resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 3744 (relating to duty to give information and render aid). Every stop shall be made without obstructing traffic more than is necessary. (a.1) Highly automated vehicles.-- (1) If a vehicle under subsection (a) is a highly automated vehicle operating with an ADS engaged or without a highly automated vehicle driver on board, the requirements of this section are satisfied if the highly automated vehicle stops at the scene of the accident or as close thereto as is safely possible and the certificate holder for the highly automated vehicle or a person on behalf of the certificate holder for the highly automated vehicle or the highly automated vehicle immediately contacts a duly authorized police department to report the accident.
Official text (excerpt) · as of 2026-07-29 · Read the full section at palegis.us
Cited in 70 court opinionsMost recently applied by a court: 2026
Leading cases: Commonwealth v. Kauffman (Supreme Court of Pennsylvania 1984, 323 Pa. Super. 363) · Commonwealth v. Woosnam (Superior Court of Pennsylvania 2003, 2003 Pa. Super. 99) · Commonwealth v. Stover (Supreme Court of Pennsylvania 1988, 372 Pa. Super. 35)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 3744Duty to give information and render aidIn forcecited in 2 of our articles
(a) General rule.--The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give his name, address and the registration number of the vehicle he is driving, and shall upon request exhibit his driver's license and information relating to financial responsibility to any person injured in the accident or to the driver or occupant of or person attending any vehicle or other property damaged in the accident and shall give the information and upon request exhibit the license and information relating to financial responsibility to any police officer at the scene of the accident or who is investigating the accident and shall render to any person injured in the accident reasonable assistance, including the making of arrangements for the carrying of the injured person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if requested by the injured person.
Official text (excerpt) · as of 2026-07-29 · Read the full section at palegis.us
Cited in 32 court opinionsMost recently applied by a court: 2026
Leading cases: Commonwealth v. Beatty (Superior Court of Pennsylvania 1981, 286 Pa. Super. 166) · Commonwealth v. Satterfield, J., Aplt. (Supreme Court of Pennsylvania 2021) · Commonwealth v. Edwards (Superior Court of Pennsylvania 2006, 2006 Pa. Super. 225)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 3745Accidents involving damage to unattended vehicle or propertyIn forcecited in 2 of our articles
(a) General rule.--The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to the other vehicle or property shall immediately stop the vehicle at the scene of the accident or as close thereto as possible and shall then and there either locate and notify the operator or owner of the damaged vehicle or other property of his name, address, information relating to financial responsibility and the registration number of the vehicle being driven or shall attach securely in a conspicuous place in or on the damaged vehicle or other property a written notice giving his name, address, information relating to financial responsibility and the registration number of the vehicle being driven and shall without unnecessary delay notify the nearest office of a duly authorized police department. Every stop shall be made without obstructing traffic more than is necessary.
Official text (excerpt) · as of 2026-07-29 · Read the full section at palegis.us
Cited in 26 court opinionsMost recently applied by a court: 2026
Leading cases: Commonwealth v. Verticelli (Supreme Court of Pennsylvania 1998, 550 Pa. 435) · Commonwealth v. Peters (Superior Court of Pennsylvania 2007, 2007 Pa. Super. 11) · Commonwealth v. Cornell (Superior Court of Pennsylvania 1992, 414 Pa. Super. 546)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 3746Immediate notice of accident to police departmentIn forcecited in 2 of our articles
(a) General rule.--The driver of a vehicle involved in an accident shall immediately by the quickest means of communication give notice to the nearest office of a duly authorized police department if the accident involves: (1) injury to or death of any person; or (2) damage to any vehicle involved to the extent that it cannot be driven under its own power in its customary manner without further damage or hazard to the vehicle, other traffic elements, or the roadway, and therefore requires towing. (a.1) Highly automated vehicles.--If a vehicle under subsection (a) is a highly automated vehicle operating with an ADS engaged or without a highly automated vehicle driver on board, the requirements of this section are satisfied if the certificate holder for the highly automated vehicle, a person on behalf of the certificate holder for the highly automated vehicle or the highly automated vehicle immediately contacts a duly authorized police department to report the accident.
Official text (excerpt) · as of 2026-07-29 · Read the full section at palegis.us
Cited in 21 court opinionsMost recently applied by a court: 2026
Leading cases: Commonwealth v. Mendenhall (Supreme Court of Pennsylvania 1998, 552 Pa. 484) · Reinhart v. Commonwealth, Department of Transportation (Commonwealth Court of Pennsylvania 2008, 946 A.2d 167) · Commonwealth v. Druce (Superior Court of Pennsylvania 2005, 2005 Pa. Super. 55)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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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