What You Need to Know About Beating a Hit-and-Run Charge
The penalties for a hit-and-run charge vary from state to state; however, they are often severe and may result in jail time for the perpetrator. Unfortunately, hit-and-run scenarios often occur because individuals flee the scene of the accident, which increases the consequences from a financial burden to a criminal charge. Here is how to beat a hit-and-run charge.
An individual who receives a hit-and-run charge should follow the steps below to present an effective defense for their case. Contacting a knowledgeable attorney is essential to beating the case and representing the defense correctly.
What is a Hit-and-Run Charge?
A hit-and-run is a crime happening in the aftermath of a car accident. A typical hit-and-run driver is an individual who was involved in a car crash and fails to do three things:
- Bring their vehicle to a stop at the scene of the collision,
- Provide identification, and/or
- Offer assistance to any person injured as a result of the accident.
Hit-and-run incidents often involve accidents between two cars; however, a case may also classify as a hit-and-run when a vehicle strikes a pedestrian, a parked car, or any other stationary object.
Related: Electric Scooter Injury Lawsuits
Penalties for a Hit-and-Run Charge
Although hit-and-run penalties vary from state to state, state prosecutors may charge the offender with a felony or a misdemeanor, depending on the facts of the case. Misdemeanor charges usually occur in cases exclusively dealing with property damages, while felony charges apply to cases with more significant property damage or injury to another individual. Both felony and misdemeanor convictions may result in jail sentences and fines.
However, perpetrators may also face civil lawsuits from a person involved in the accident and/or an increase in auto insurance premiums.
An individual has several options to beat a hit-and-run charge to avoid some of these penalties.
How to Beat a Hit-and-Run Charge
1. Prove the accused individual was not the driver
In most states, to charge an individual with a hit-and-run, the state must track down the license plate number of the perpetrator’s car. Often, tracking down the license plate results in a charge against the owner of the vehicle. However, if the owner was not the driver involved in the hit-and-run and can prove they were not driving, the criminal charge would go to the individual who was driving. However, some states provide limited financial liability to the vehicle owner at fault regardless of who was driving.
2. Claim no proof of damage or accident
If the hit-and-run occurrence did not result in any damage or injuries to property or individuals, no proof of any accident exists. Evidence of an accident must exist for a person to receive a guilty conviction of a hit-and-run charge.
Some examples of evidence needed to prove a hit-and-run accident include but are not limited to:
- Witness statements,
- Dash camera footage,
- Video proof from nearby security or traffic cameras,
- Photographic proof of property damage,
- Documentation of any recent changes to the vehicle prior to the accident,
- Medical documentation and bills, and/or
- Evidence of missed work due to injuries resulting from the accident.
Auto accident fraud frequently occurs when the state charges an individual with a hit-and-run charge for a nonexistent accident. If no proof of damages exists or the claims do not make sense, another person may have framed the charged individual.
3. Claim the incident was not a hit-and-run
The state may have accused an individual of a hit-and-run when they did not “run” after the accident. If an accident victim leaves the scene, they may claim the accident was a hit-and-run. In this situation, the person should get an independent witness’s contact information to corroborate the story. If an individual hits a parked car, they should take a picture or video to prove they did not flee the accident scene.
Related: 10 Common Injuries After a Car Accident
4. Claim the driver was responding to an emergency
If an individual fled the scene of an accident because of an emergency, such as driving to the hospital, the charges against the individual could disappear. However, individuals should remember the judge’s discretion determines if the circumstances warrant an emergency.
5. The driver’s lack of knowledge
The crime of a hit-and-run depends on if the offender was aware they caused damage or injury. Although it is difficult to prove the driver was unaware of the damage, it is a defense against a hit-and-run charge.
Admitting fault in a hit-and-run occurrence to the police or an insurance company may have criminal legal consequences. Therefore, the best course of action is to contact an attorney to act as a legal proxy for the individual to avoid admitting any fault in the hit-and-run occurrence.
FAQs About How to Beat a Hit-and-Run Charge
Should I contact my insurance company after an accident?
No, an individual should wait for an attorney to contact their insurance company to avoid incrimination.
I committed a hit-and-run. Will I get caught?
If no witnesses or surveillance cameras were in the vicinity, most likely not. However, if there are methods to identify the individual driving or the license plate of the car, the state will most likely charge the individual. Therefore, it is best to immediately contact an attorney and follow the advice above.
How long after a hit-and-run accident can an individual be charged?
The statute of limitations for hit-and-run charges depends on the state and whether the charge is a misdemeanor or felony. Misdemeanor hit-and-run charges file within one year from the date of the accident. The suspect must have a charge within three years if the charge was a felony crime.
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