Can I Get in Trouble for Fleeing the Scene of an Accident?

Once your vehicle collides with another on the road, it is in your best interest to pull over safely away from incoming and oncoming traffic. You should check yourself for injuries and provide reasonable assistance to the other involved driver(s) who may need law enforcement and emergency medical services called onto the scene on their behalf. All of this to say, you cannot and should not simply speed away from your accident as quickly as you entered it. Please read on to discover whether you will get in trouble with the law for fleeing the scene of your auto accident and how one of the seasoned Montgomery County criminal defense lawyers at Fendley and Birch can help you defend your decision.

Will I get in trouble for fleeing the scene of my auto accident?

If you are caught fleeing the scene of your auto accident, you may be accused of a hit-and-run. Of note, this may be considered a criminal offense in the state of Tennessee. This is because your behavior and actions may exhibit your attempt to evade exchanging insurance information with the other involved driver(s) to help them recover their property damage. Or, it may be deemed as negligence and reckless to abandon a driver(s) who was seriously injured or even killed upon the impact of the collision.

More specifically, if you commit a hit-and-run when your accident results in property damage, you may be charged with a Class A misdemeanor. This may have you up against jail time of up to 30 days, fines of up to $50, and a suspended driver’s license. An accident ending in injury or death calls for a Class C misdemeanor. Punishments for this offense include jail time of up to 11 months and 29 days, fines of up to $2,500, and a suspended driver’s license.

What possible excuses can I make for fleeing the scene?

It is rather unlikely that the Tennessee criminal court will accept any of your excuses for fleeing the scene of your auto accident. But if you believe you have a legitimate reason, you may make your best efforts to fight for it.

For one, you may argue that you did initially stop and speak with the other involved driver(s), but you eventually drove away without exchanging information or calling the police because there were visibly no property damages on the vehicles or injuries on your persons. The court may consider this if you have proof that your collision resulted in less than $250 worth of property damages, with zero reported injuries or deaths.

Secondly, you may similarly claim that you initially stopped and spoke with the other involved driver(s), but they refused to let you give your information or call 911 because they did not want insurance or police involvement. This may be better proven if you have photos and videos of you present at the accident scene once the other driver(s) has already left.

Lastly, you may try to prove that the exact location of your collision was dangerous, you had to travel far to pull over safely, and then you could not track down the other involved driver(s). This may be backed up by witness testimony regarding your effort to find them.

To give yourself enough time to develop a solid case, please contact one of the competent Montgomery County criminal defense lawyers from Fendley and Birch as soon as possible. We look forward to hearing from you.