In Virginia, a hit-and-run crime occurs when you leave an automobile accident without first giving the other driver or police your name, driver’s license information, and insurance information. It is generally a serious crime, ranging from a misdemeanor to a felony. There are multiple related charges in Virginia, and several factors influence the severity of the charge. An experienced virginia hit and run lawyer can help you present the best legal defense. Based on the case facts, charges can be reduced or dismissed entirely.
A hit-and-run charge typically arises from an automobile accident that isn’t reported. That includes accidents with other vehicles, physical property, public transit, cyclists, and pedestrians. It is the driver’s legal responsibility to stop at the accident site and make a report with an approved party. Here are the primary hit-and-run charges outlined in Section 46.2-894 of the Virginia Code.
Virginia Code § 46.2-894 requires drivers to stop if they are involved in an accident resulting in injury, death, or damage to property. They are then required to provide their name, contact information, vehicle registration number, and driver’s license number to the authorities at the accident scene or to any drivers, pedestrians, or property owners involved in the accident. If any party cannot provide or take the information due to injury from the accident, it can be provided later. Finally, the driver is responsible for providing reasonable assistance to anyone injured in the accident.
The primary responsibility of reporting the car accident falls on the driver. However, if the driver does not report the accident, that responsibility can fall on any passengers in the vehicle at the time of the accident. For example, suppose the driver fails to stop and follow the procedures outlined in the previous statute. In that case, every passenger above the age of 16 with knowledge of the accident has a legal duty to file a report within the next 24 hours.
A large percentage of hit-and-run crimes involve accidents with unattended vehicles. For example, a driver may hit a parked car on the road and refuse to stop and report the accident. Drivers must file a report and provide contact information if the accident only involved unattended property. The driver must make a reasonable effort to find the property owner to make a report. If they cannot, they must leave a note or communication at the scene of the accident with their contact information for the property owner.
Once again, the passenger has a legal duty to make a report if the driver does not. This applies to any passenger above the age of 16 who knows about the accident. The accident must be reported within the first 24 hours.
Penalties can range from fines to prison sentences. The charges will be more severe if someone is seriously injured or killed in the hit-and-run. Another factor that plays a significant role in evaluating the severity of the offense is the amount of property damage caused by an accident and whether the property was attended to or unattended.
Misdemeanors:
A driver can face a misdemeanor if the accident did not involve injury or death. If the accident involved unattended property with property damage less than $250, it is classified as a Class 4 misdemeanor. It is a Class 1 misdemeanor if the damage exceeds $250 but is less than $1,000 in unattended property cases. If the accident involved attended property, it is a Class 1 misdemeanor if the damage is less than $1,000.
Felonies:
Violating Va. Code § 46.2-894 discusses accidents where the property is attended, and the charge is a misdemeanor if there is no injury or death and the accident causes less than $1,000 in damages. If it causes more than $1,000 in property damage, it becomes a Class 5 felony. Similarly, if the accident resulted in injury or death, it will become a class 5 felony. The penalty for this conviction is a prison sentence between 1 and 10 years and a maximum fine of $2,500.
These charges can also carry additional penalties, such as demerit points on your driving license or a temporary license suspension. You have a legal right to fight against these charges with the help of a virginia hit and run lawyer. Our experienced virginia hit and run lawyer at Bississo Law, P. C. is here to help.
