Virginia Hit and Run Lawyer

Virginia Hit and Run Statute

Leaving the scene of an accident, typically described as a “hit-and-run crime,” occurs when a motor vehicle operator convicted of an accident runs after the accident. It is a serious crime that generally emerges when a driver fails to stop, offer help to the person injured in the accident, report an accident involving damage, and provide identifying information about oneself. Despite the reason for the accident, Virginia law mandates specific actions to be taken. Don’t be mistaken — being a passenger does not mean you do not need to do anything. Virginia law enforcement officers will investigate both drivers and passengers of such damaged vehicles.

Virginia Code § 46.2-894 states that “The person convicted of a motor vehicle accident in which a person is killed or injured or in which an attended vehicle or other attended property is damaged shall immediately stop as close to the scene of the accident as possible without obstructing traffic” and report the accident to the necessary authorities.

The person responsible for the collision will be responsible for the compensation of the other vehicle and any other damaged property in such an accident.

Hit and Run Accidents: Obligations of Drivers and Passengers

In addition, after you’ve been involved in this type of accident, there are also other obligations you have to fulfill:

1. You have an obligation to report any injuries, your name, address, as well as driver’s license number and vehicle registration number to the local law enforcement agency or State police as soon as possible. If someone in another vehicle is injured, you should offer your assistance and try to help them get to the doctor or a hospital if it is necessary.
2. If you’ve also sustained an injury, report the incident to the police as soon as you can. You should provide the same information, including your driver’s license number and vehicle registration number, name, address, and information regarding the other vehicle and its occupants.
3. If you’ve hit a parked, unattended vehicle or property, you have to make a reasonable effort to find the owner. If you are not successful in that search, you have to leave a note containing your contact information and report it to the police within 24 hours.

Both the responsibilities and charges for leaving the scene of an accident depend on whether you were behind the wheel or a passenger, whether the accident involved an unattended vehicle or attended vehicle, the amount of property damaged, and whether the accident led to injury or death of a pedestrian or other driver.

According to the Virginia Code, every person 16 years of age or older who was in the vehicle also has the duty to report “accidents involving injury, death, or damage to attended property,” according to the Virginia Code. So if you are a passenger in the vehicle that was involved in the accident involving injury, and the driver failed to stop and render reasonable assistance to the injured person or persons, you must report such an accident within 24 hours. Your report should include the vehicle registration number forthwith and other possible information about the driver to the State Police. The report has to include everything you know about the hit-and-run accident and the driver, including his or her name, address, or any other relevant information.

An accident involving a party leaving the accident scene is often a subject of a police department investigation. Talking to the police about this type of accident without consulting a lawyer that regularly deals with these traffic violations can be a mistake because law enforcement officers are trained professionals.

Depending on the details of the accident, your hit and run might be charged as a misdemeanor or felony, with possible penalties including fines, jail time, and a suspension of your license. If you have been charged with this type of accident, reach out to Gretchen T. Pousson and Matthew Kensky of Scrofano Law PC to learn what your options are for defense.

Talk to a criminal defense attorney today. Call 703-546-9898 or contact us right away.

Leaving the Scene of an Accident – Passenger (Felony)

Even if you were not driving, leaving the scene of an accident as a passenger could cost you. If the accident caused an injury or death, and you as the passenger failed to alert emergency services, you could be charged with a Class 6 felony. If you are convicted of a Class 6 felony, you could face up to 5 years in prison and a $2,500 fine.

Leaving the Scene of an Accident – Passenger (Misdemeanor)

In contrast to hit and run laws for drivers, if an accident does not result in injury or death, a passenger cannot be charged with a felony. Even if there was severe property damage, a passenger could only be charged with a misdemeanor.

If the other vehicle in the accident was attended to, a passenger could be charged with a Class 1 misdemeanor. If the vehicle was unattended, but the accident caused more than $250 in property damage, a passenger could be charged with a Class 1 misdemeanor as well. If you are convicted of a Class 1 misdemeanor, you could face up to 12 months in prison and a fine of $2,500.

If the vehicle was unattended and the property damage was less than $250, a passenger could be charged with a Class 4 misdemeanor. If you are convicted of a Class 4 misdemeanor, you could be fined up to $250.

The above charges should never be taken lightly. To prevent or limit the serious consequences outlined above, you must contact an experienced Virginia criminal defense lawyer as soon as possible. When you begin working with Gretchen T. Pousson and Matthew Kensky of Scrofano Law PC, they will hear your side of the story and establish a strong defense strategy.

Looking for a VA hit-and-run defense attorney? Contact Trial Attorneys Gretchen T. Pousson and Matthew Kensky now!

Hit and Run Virginia: Essential Legal Information for Victims and Drivers

If you are the victim of a hit-and-run or have been charged with one, it’s important to understand your rights and legal responsibilities. Here is some essential information on Virginia hit-and-run laws that may help clear up any confusion.

Driver’s Description & Address

In VA, drivers must immediately stop and provide their name, address, driver’s license number, vehicle registration information, and insurance information when an accident occurs. That driver must also render aid if needed.

Evidence Collection

The driver should also try to collect evidence, such as photos, videos, or writing down the other vehicle’s license plate number. It is helpful to get a statement from any witnesses at the scene when possible. This information may be used in court if charges are filed.

Reporting Requirements

Regardless of who is at fault, drivers involved in a hit-and-run accident must report it to the Virginia State Police or local law enforcement within 24 hours. Failing to do so can result in criminal penalties, even if you were not the driver.

Insurance Claim Requirements

If you are the victim of a hit-and-run in VA, it is essential to contact your insurance company as soon as possible. Your insurance may cover any property damage or medical expenses incurred from the accident. Depending on the extent of the damages and who is responsible for them, your insurance provider may also be able to investigate and locate the driver who caused the accident.

Criminal Charges

If you are charged with a hit-and-run in Virginia, speaking with a criminal defense attorney as soon as possible is essential. Depending on the facts of your case, there may be defenses that can help reduce or dismiss the charges against you—remembering that a criminal conviction can have long-term consequences, such as losing your driver’s license or even jail time.

Reporting Requirements

Regardless of who is at fault, drivers involved in a hit-and-run accident must report it to the Virginia State Police or local law enforcement within 24 hours. Failing to do so can result in criminal penalties, even if you were not the driver.

Insurance Claim Requirements

If you are the victim of a hit-and-run in VA, it is essential to contact your insurance company as soon as possible. Your insurance may cover any property damage or medical expenses incurred from the accident. Depending on the extent of the damages and who is responsible for them, your insurance provider may also be able to investigate and locate the driver who caused the accident.

Criminal Charges

If you are charged with a hit-and-run in Virginia, speaking with a criminal defense attorney as soon as possible is essential. Depending on the facts of your case, there may be defenses that can help reduce or dismiss the charges against you—remembering that a criminal conviction can have long-term consequences, such as losing your driver’s license or even jail time.

What Are the Legal Penalties for a Hit and Run in Virginia?

In Virginia, the legal penalties for a hit and run depend on the extent of damage and injuries involved. If the accident resulted in property damage under $1,000, it’s classified as a Class 1 misdemeanor, punishable by up to 12 months in jail and/or a fine of up to $2,500. If the hit-and-run involves personal injury or property damage exceeding $1,000, the offense escalates to a felony. This can lead to more severe consequences, including longer jail time, higher fines, and driver’s license suspension.

These penalties underscore the seriousness with which Virginia law treats hit and run incidents.

How Should You Report a Hit and Run Incident in Virginia?

To report a hit and run incident in Virginia, immediately contact law enforcement officers. Providing detailed information is crucial. This includes driver identification (if known), contact and vehicle information of the involved parties, and a description of what occurred.

If the hit and run involved damage to other unattended property, try to locate the property owner or leave a note with your contact information and a summary of the incident. This note should be left in a conspicuous place on the damaged vehicle or other such property.

Reporting the incident promptly aids in the investigation and increases the chances of the responsible party being identified and held accountable.

What Are the Obligations of a Driver Involved in an Accident in Virginia?

A driver involved in an accident in Virginia is legally obligated to stop as close to the scene as safely possible. If the accident involves another vehicle, property damage, or personal injury, the driver must provide their contact and vehicle information to the other party or such owner.

In the case of unattended property, the driver must leave such note in a visible place, detailing the incident and their contact information. If the accident resulted in injury, death, or significant property damage, the driver must also report the incident to law enforcement.

Failing to fulfill these obligations can lead to serious legal consequences, including charges for a hit and run.

Mistaken identity is also a key defense strategy. In scenarios where multiple vehicles or individuals are involved, there may be confusion or erroneous assumptions about who was driving the vehicle at the time of the incident. Challenging the prosecution’s evidence, particularly if it’s based on weak or circumstantial proof, can be an effective way to create doubt about the defendant’s involvement.

Finally, procedural defenses play a critical role in hit and run cases. If law enforcement failed to follow proper procedures during the investigation or violated the defendant’s rights—such as conducting an unlawful search or seizure—the defense can file a motion to suppress any improperly obtained evidence. Successfully arguing procedural errors can significantly weaken the prosecution’s case, potentially leading to reduced charges or even dismissal.

Contact a Virginia Hit and Run Law Firm Today

 As you can see, the State of Virginia treats hit and run incidents extremely seriously. The charges specified above are worst-case scenarios. However, attorneys Gretchen T. Pousson and Matthew Kensky will work on your behalf to mitigate the effects of a hit-and-run charge as much as possible.

If your lawyer can argue that the penalties for a hit and run are inappropriate for your situation, you might end up with a substantially decreased sentence. The following are a few of the most typical mitigating elements, but keep in mind that your sentence is still up to the discretion of the judge and the factors of your unique situation:

Injury

Virginia Code § 46.2-894 establishes a unique arrangement for injured drivers. You might have the ability to show that your injuries prevented you from carrying out the responsibilities described above and that you reported the mishap as quickly as you were able to. If you and your attorney can prove that the mishap impaired your judgment or that you were otherwise indisposed by a medical emergency, the court might dismiss your charges.

Inaccurate treatment:

Leaving the scene of a mishap is a crime in this state. That implies that the authorities have an obligation to follow a particular criminal procedure in these types of cases. You and your attorney should check to make sure that warrants and other aspects of law enforcement procedures are properly handled. If they weren’t, your attorney might be able to argue for your charges to be dropped on procedural premises.

You weren’t the driver:

While it might seem obvious, the state needs to be able to prove that you were associated with the accident. If you have proof showing that you were not the driver, you must bring it to your attorney’s attention immediately to mount a strong defense. If this is the case, the court will want to know who was driving your vehicle at the time of the mishap and why they were driving it. Being able to show that your vehicle was stolen or that you were someplace else at the time might help establish a defense that can lead to your charges being dropped.

Classes and programs:

Depending upon the details of your accident, your attorney may advise you to take specific classes or programs prior to your court date. The idea here is to show that you are dedicated to being a more responsible driver without the intervention of the justice system. In many cases, this solution can lead to reduced charges.

In order to explore the above options and develop a defense strategy for your particular case, you should contact an attorney right away. If you or someone you know receives a letter from the MPD Hit and Run Investigations Unit or is arrested for leaving the scene of the accident after colliding, please contact Gretchen T. Pousson and Matthew Kensky today for a full case evaluation. They have represented hundreds of defendants charged with criminal and traffic offenses in state and federal courts in Washington, D.C., and Northern Virginia.