# "Leaving the scene of an accident" a crime?



## Bob Hubbard (May 24, 2011)

I've heard this often, that leaving the scene of an accident is a crime.
My question is, in what way?

Is it a crime to leave an accident scene when I'm an involved party?
Say, I rear end someone (or they rear end me), or if I were to hit someone, or maybe run over a body laying in the road?

What if I call it in and give all the important details?

What about if I just witness it, but otherwise am not involved?

State laws btw:
http://www.deadlyroads.com/state-laws.html

NYS's makes it a felony to leave the scene -without- reporting it or presenting info to LEO, but  doesn't seem to cover leaving with reporting unless I'm not reading this right.
http://www.deadlyroads.com/laws/new-york-hit-and-run-laws.shtml#plate


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## Big Don (May 24, 2011)

One word: Chappaquiddick


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## MA-Caver (May 24, 2011)

Say you were robbed/mugged/murdered around half a dozen witnesses... you want all those people to just take off? 

But the scene of an accident... Some idjit broad-sides you after you legally pull out into the intersection after a full stop and then said idjit decides to take off ... others around can attest that you were driving within the law. If they (the witnesses) take off then how do the cops know for sure you didn't just run the stop-sign/light and got t-boned? 

For me, it's only a crime if I, as a trained first-responder/first-aid/cpr leave ... but I say it's a moral crime based on my own personal principals. I've been at the scene of several accidents and basically hung around and did what I could, direct traffic, attend preliminary first-aid, whatever until EMS arrived, then I faded into the background. 
If I actually witnessed the accident then that is something else entirely I think. LEO's do need to know what happened and from what angle (notice they'll ask you where you were at during the accident) so they can determine what happened and how it happened and whose dang fault it is... mebbe more for the insurance agencies but also for court if one victim decides to sue the other or if there is a death involved was it an accident or malicious foul-play via vehicular homicide? 
You take off they have to take their best guess. 

But to haul you off to jail for doing so... hmm... that is a bit much I'll agree. A fine or court summons with a fine I think. But jail time... hmmph and they want to release prisoners for over-crowding. Thank you judge but I think I'll surrender my cell to someone who *really* deserves it!


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## JohnEdward (May 24, 2011)

big don said:


> one word: Chappaquiddick


 
ouch!


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## JohnEdward (May 24, 2011)

In my city, it was just the thing you did, if you witnessed. Either you stayed or you hand off a buiness card.  If you hit someone it is hit and run if you don't stay and exchange info, unless you are uninsured, not a citizen, and are in this country on a consulate card especially if it is from Central or South America. That is simply a fact.


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## jks9199 (May 24, 2011)

State laws will vary.  In Virginia, you are required to stop safely at the scene of any accident you are involved in (46.2-894 and 46.2-896) and render aid to anyone injured.  If it's only property damage to unintended property, you may leave a note with your contact information, or notify the police.  Technically, you have 24 hours to notify the police of any accident.  (No, we don't go chasing unreported accidents where the drivers happily exchanged info and left us out of it.)   You are required to exchange information with the other involved drivers and people.  If there is serious property damage ($1000 or more) to attended property or someone is hurt -- it's a felony.  (46.2-894)

If you're in the car with someone where there is serious damage to property or injuries, and they don't stop, and you don't make sure that they report it -- you're guilty, too.  (46.2-895)

In Virginia, there is no requirement for an uninvolved party to do anything...

Functionally, if you drive off, but are calling the cops or call the cops quick (like right after you arrive home/business), it's hard to make a hit and run case unless someone was hurt.  Sometimes, that first 24 hours is kind of a race.  If I find you before you call it in -- you'll have to explain why you didn't call it in to my satisfaction.  

Why is hit & run illegal?  'Cuz we kind of think it's a bad thing to damage other people's stuff or to hurt 'em and not stick around and fess up.


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## jks9199 (May 24, 2011)

Bob Hubbard said:


> State laws btw:
> http://www.deadlyroads.com/state-laws.html
> 
> http://www.deadlyroads.com/laws/new-york-hit-and-run-laws.shtml#plate



The link is interesting, but they're incomplete.  They only mention 46.2-894 for Virginia, for example.  FYI -- in VA, there is no statute of limitations on most felonies.


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## MA-Caver (May 24, 2011)

jks9199 said:


> State laws will vary.  In Virginia, you are required to stop safely at the scene of any accident you are involved in (46.2-894 and 46.2-896) and render aid to anyone injured.


I have a wee bit of a problem with that... mainly if I'm an injured party. I naturally want someone who has the training to actually deal with my injuries that won't further them any more than necessary... like some schmoe who thinks they need to drag me out of my wreckage "because the car might blow up (you know like in the movies??) at any second" and there's no gas leakage or anything, and then end up pulling my already possible fractured spine totally out of alignment when it could've been stabilized with a C-collar and a spine-board (?), after several EMS (who DO have the training) pull me out very carefully. Rather have THAT thank you very much. So the best I would like is for someone to at least 1. Call 911 and 2. secure the scene enough where the EMS has an easy time getting to me without a huge traffic jam to negotiate. Other than that... unless you're a trained EMS professional... or a doctor or a paramedic or even a medic in the military... AND there is no immediate danger to myself or my passengers or anyone else... _Don't_ fricken touch me! 




jks9199 said:


> If you're in the car with someone where there is serious damage to property or injuries, and they don't stop, and you don't make sure that they report it -- you're guilty, too.  (46.2-895)



Well yeah that makes sense, unless they're being kidnapped or coerced into NOT calling. 



jks9199 said:


> In Virginia, there is no requirement for an uninvolved party to do anything...


That's a good thing to know. But it would be nice if they do have the ability/skills to help to do so... I mean the right thing to do. 



jks9199 said:


> Functionally, if you drive off, but are calling the cops or call the cops quick (like right after you arrive home/business), it's hard to make a hit and run case unless someone was hurt.  Sometimes, that first 24 hours is kind of a race.  If I find you before you call it in -- you'll have to explain why you didn't call it in to my satisfaction.


Umm, my cell phone was in a dead service area? :uhyeah: It happens. 



jks9199 said:


> Why is hit & run illegal?  'Cuz we kind of think it's a bad thing to damage other people's stuff or to hurt 'em and not stick around and fess up.


Of course... totally agree.


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## jks9199 (May 24, 2011)

MA-Caver said:


> I have a wee bit of a problem with that... mainly if I'm an injured party. I naturally want someone who has the training to actually deal with my injuries that won't further them any more than necessary... like some schmoe who thinks they need to drag me out of my wreckage "because the car might blow up (you know like in the movies??) at any second" and there's no gas leakage or anything, and then end up pulling my already possible fractured spine totally out of alignment when it could've been stabilized with a C-collar and a spine-board (?), after several EMS (who DO have the training) pull me out very carefully. Rather have THAT thank you very much. So the best I would like is for someone to at least 1. Call 911 and 2. secure the scene enough where the EMS has an easy time getting to me without a huge traffic jam to negotiate. Other than that... unless you're a trained EMS professional... or a doctor or a paramedic or even a medic in the military... AND there is no immediate danger to myself or my passengers or anyone else... _Don't_ fricken touch me!


"Render aid" does not necessarily mean actually doing anything beyond getting help.  It's not a demand or affirmative duty to do anything that you lack the knowledge, training, or qualifications for.  The code reads "_The driver shall also render reasonable assistance to any person injured in such accident, including taking such injured person to a physician, surgeon, or hospital if it is apparent that medical treatment is necessary or is requested by the injured person._ "  Remember, Virginia is a BIG state.  While up where I live, medics are generally on scene within minutes of being dispatched, you get in southwestern VA...  you may be talking a good part of an hour for the rescue squad to show up.  (In fact, you don't have to go that far.  2 counties away from, there's no full time fire & rescue.)


> Well yeah that makes sense, unless they're being kidnapped or coerced into NOT calling.


And that would be a defense, were you to be charged.  It's rarely charged, in my experience.   It's basically a tool against the morons who think it's funny when their buddy totals someone's car or runs someone over and help them cover it up.


> That's a good thing to know. But it would be nice if they do have the ability/skills to help to do so... I mean the right thing to do.


The right thing to do and what the law requires you to do -- even if it's only tell a cop what you saw -- aren't necessarily even in the same ballpark.


> Umm, my cell phone was in a dead service area? :uhyeah: It happens.


I did say I was open to an explanation, didn't I?  Worst case, you bring it the court as a defense.  For example, we routinely end up with people trying to report things to the wrong jurisdiction.  They don't understand that the county is different from the town, and that the difference matters.  If I think you made a reasonable effort, you'll probably be OK.  But if you try to tell me your cell phone didn't work -- but you passed 5 working phones and occupied gas stations or businesses, and waited a couple hours after you got home?  There's a problem.


> Of course... totally agree.


There is another reason why cops get stuck taking crash reports at all...  We're handy, and it helps make the roads safer when the reports go to the various engineers.


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## Big Don (May 25, 2011)

It would seem that in making leaving the scene of an accident illegal, legislatures have also made being an *** illegal.


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## Xue Sheng (May 25, 2011)

Bob Hubbard said:


> I've heard this often, that leaving the scene of an accident is a crime.
> My question is, in what way?
> 
> Is it a crime to leave an accident scene when I'm an involved party?
> ...


 

There is a case going on right now where an off duty NYSP ran someone over (it was dark and the victem appeared to have been drunk, walking home, pass out and actually laid in the road), called it in and left the scene... and he is in big BIG trouble




Bob Hubbard said:


> What about if I just witness it, but otherwise am not involved?


 
That one is generally handled a bit different in NYS


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