Fleeing the scene of an accident could put you in a lot of trouble in Philadelphia. While some hit-and-runs involve mild fender benders, others result in debilitating injuries and even death. In fact, The Philadelphia Police Department's Traffic Division recorded more than 30 fatal hit-and-run accidents in 2022 alone.
Pennsylvania law requires drivers to remain at the scene of the accident until law enforcement arrives. They must also notify the appropriate authorities and provide urgent medical care if necessary. Hit-and-run offenders often wonder whether their violation is a felony or misdemeanor. Felonies are serious crimes that attract hefty penalties, while misdemeanors are less severe offenses with lighter legal consequences.
Read on to learn more about hit-and-run accidents in Philadelphia and the legal options available for offenders.
There are three types of hit-and-run accidents, namely:
Contrary to popular belief, hit-and-run accidents don't always have to involve two drivers or a driver and a passenger. Departing the accident site after crashing into someone else's property is also a hit-and-run. Fortunately, Philadelphia considers hit-and-run accidents involving only property damage (including scratches and bumps on the victim's vehicle) minor violations, attracting minimal repercussions.
Hit-and-run accidents resulting in injured victims are a step above hit-and-runs with property damage. That's because an offender's failure to notify emergency services or perform first aid might worsen the victim's condition to the point of debilitation. Unsurprisingly, the legal consequences for such hit-and-run accidents are graver than those of hit-and-runs with only property damage.
The most consequential types of hit-and-run accidents are hit-and-run accidents with fatalities. Accidents leading to the death of victims are severely punished by the law. Fleeing the scene of the accident only exacerbates the situation.
As mentioned, whether a hit-and-run accident is a misdemeanor or felony depends on the type of accident. Below is a brief breakdown.
Hit-and-run accidents involving property damage exclusively: According to Title 75 – Section 3743 of the Pennsylvania Consolidated Statutes, hit-and-runs with property damage attract a first-degree misdemeanor charge with lenient punishment. Offenders charged with such a crime could be looking at:
Hit-and-run accidents with injured victims: The penalties and criteria for hit-and-runs that result in injuries are stipulated under Title 75 – Section 3742. Such hit-and-run accidents are considered third-degree felonies and attract the following legal consequences:
Hit-and-run accidents resulting in a victim's death: Under Pennsylvania's Consolidated Statutes Title 75 – Section 3742, drivers who run from the scene of an accident where the victim dies will receive a second-degree felony. The penalties for such a felony include:
It's absolutely important for drivers to remain calm after an accident and exercise their legal responsibility as described in the law. Pennsylvania's statutes describe these responsibilities under Title 75 – Section 3743 and Title 75 – Section 3744. They include:
Yes, you will get points on your license for hit-and-run accidents. However, the number of points you receive varies based on the accident's severity and other factors. That said, the Pennsylvania Department of Transportation (PennDOT) will slap you with four points on your license for a hit-and-run, even if it only involves property damage. Hit-and-run accidents with injuries and fatalities will likely result in more points.
It's worth noting that gathering too many points could lead to license revocation and hefty insurance premiums. Of course, you can always reduce your license points by enrolling in safety and defensive driving courses. However, most of these courses don't come cheap, and eligibility varies from one driver to the next.
Yes, you can. Victims of hit-and-run accidents can legally file lawsuits against their perpetrators. If they do, you may be liable for civil damages, and you might have to compensate the victim for:
Prosecutors must prove that the defendant fled the accident scene and should be convicted of a hit-and-run. If the hit-and-run only involved property damage, the prosecution must:
Some solid defenses the defendant can use to beat the charges include the following:
Even minor hit-and-run incidents can have severe legal ramifications on your driving record, finances, and freedom. Seeking legal counsel after a hit-and-run incident is a great way to reduce the penalties you may face for your violations. A qualified and experienced lawyer will help you through the legal process and put up a solid defense to help you beat the case.
That said, it's important to drive responsibly and fulfill your obligations as a driver in the event of an accident. It could mean the difference between saving the victim's life and their untimely demise.
