Being in a hit-and-run accident can be an overwhelming and traumatic experience. When you are the victim of a hit-and-run in Virginia, the stress of the event is compounded by the uncertainty of what to do next. Whether you were injured or your vehicle was damaged, it is crucial to understand your legal rights and the steps you should take immediately following the accident. For comprehensive legal guidance, click here to learn more.
This article will explore the necessary legal steps after a hit-and-run accident in Virginia and discuss defense options for individuals accused of this serious crime. If you need experienced legal representation, The Law Offices of Krum, Gergely, & Oates, LLC, can provide the support you need to navigate these challenging circumstances.
What is a hit-and-run accident?
Virginia law requires drivers to stop, provide assistance, and exchange information after an accident. If someone fails to do so, they can face criminal charges under Virginia Code Section 46.2-894 for leaving the scene of an accident.
Steps to Take After a Hit-and-Run Accident
If you’re in a hit-and-run accident in Virginia, it’s essential to act fast and follow these steps:
1. Ensure Your Safety and Seek Medical Attention
First, ensure you and any passengers in your vehicle are safe. If your car is still operational and it’s safe to do so, move it to a less hazardous location. If anyone is hurt, call 911 right away and ask for emergency medical assistance.
2. Report the Accident to the Police
It is essential to report the hit-and-run to the police. Virginia law mandates that you report any accident resulting in injury or property damage to law enforcement. Provide the police with as much detail as possible, including the fleeing vehicle’s make, model, and color.
3. Collect Evidence
Gather as much evidence as possible to support your case. If you are physically able, take photographs of the scene, including the damage to your vehicle, skid marks, road conditions, and any debris. If witnesses saw the accident or the fleeing vehicle, get their contact information.
4. Notify Your Insurance Company
Suppose the at-fault driver cannot be found. In that case, your insurance may cover the damage through your uninsured motorist coverage (UM). In Virginia, uninsured motorist coverage is required as part of the minimum auto insurance policy. However, it’s essential to understand your coverage limits and how your insurer will handle your claim in the event of a hit-and-run.
Legal Consequences for Hit-and-Run Drivers in Virginia
Leaving an accident scene in Virginia is a serious offense with severe penalties. The severity of the charges depends on whether any injuries or fatalities were involved.
1. Misdemeanor Offense (Property Damage Only)
Suppose the accident resulted only in property damage and no injuries. In that case, the driver who fled the scene can face misdemeanor charges. It may result in penalties including:
- A fine of up to $1,000.
- Suspension of the driver’s license for up to one year.
- Possible jail time for up to one year.
2. Felony Offense (Injury or Death)
If the hit-and-run accident involves injuries or fatalities, the penalties are much harsher. Which could result in:
- A fine of up to $2,500.
- A sentence of 1 to 10 years (or less, depending on the circumstances).
- Suspension of the driver’s license for at least three years.
The legal system treats hit-and-run accidents involving injuries or death with the utmost seriousness, and those convicted face severe consequences.
Defense Options for Individuals Accused of a Hit and Run
Suppose you are accused of leaving the scene of an accident in Virginia. In that case, it’s essential to understand the legal defenses available to you. Here are some potential defenses for those accused of hit-and-run offenses:
1. Lack of Knowledge
One defense is that the accused driver was unaware that an accident occurred. This defense might apply in cases where the collision was minor, and the driver did not realize the impact of the damage. For instance, if the driver was in an area with poor visibility or the accident occurred at high speed, they may not have been aware of it.
2. Medical Emergency or Unforeseen Circumstances
Sometimes, a driver may flee the scene due to a medical emergency or a legitimate reason, such as feeling unsafe at the location. Suppose a person is experiencing a serious health issue or an emotional crisis. In that case, they may leave the scene without thinking clearly. While this defense may not absolve someone of all responsibility, it may reduce the severity of the charges.
3. Mistaken Identity
If the accused driver can prove they were not involved in the hit-and-run, it may serve as a valid defense. It can be especially effective if there is confusion about the driver’s identity or if someone else is responsible for the accident.
4. Lack of Intent
A driver may argue that they had no intention to leave the scene and that the fleeing resulted from panic or fear rather than willful misconduct. However, this defense is often challenging to prove. It is less likely to succeed in a case involving injury or death.
Conclusion
A hit-and-run accident in Virginia can lead to serious legal and financial problems for both the victim and the driver who leaves the scene. If you’re involved in one, it’s essential to stay calm, collect as much information as possible, report it to the police, and get legal advice. Talking to an experienced attorney helps you understand your options and potential outcomes if you’re accused of leaving the scene. Whether you’re the victim or the accused, taking the proper steps after a hit-and-run can significantly affect the outcome of your case. Always prioritize your safety, follow the legal procedures, and contact a qualified attorney to guide you.
