Leaving the scene of an accident, also known as a hit-and-run, is a serious criminal offense in Arizona. Whether the accident involves property damage, injury, or even fatalities, the consequences of fleeing the scene can be severe and long-lasting. Understanding the legal implications and your rights is crucial if you find yourself facing these charges. In this blog, we will discuss what constitutes leaving the scene of an accident, the penalties involved, and how an experienced attorney can help protect your rights.
What Does It Mean to Leave the Scene of an Accident?
Under Arizona Revised Statutes (ARS) §28-661 through §28-665, all drivers involved in an accident are required to stop and fulfill certain obligations. Failing to do so can lead to criminal charges. The specific requirements depend on the nature of the accident:
- Property Damage Only: If the accident involves only property damage, drivers must stop as close as possible to the scene without obstructing traffic. They must exchange information, including name, address, and vehicle registration.
- Injury or Fatality: If the accident results in injury or death, the driver is required to stop, provide assistance, and call emergency services. Failure to do so is treated as a felony offense.
- Unattended Vehicles: If you hit a parked or unattended vehicle, you must make a reasonable effort to locate the owner or leave a note with your contact information.
Why Do People Leave the Scene of an Accident?
While leaving the scene of an accident is illegal, drivers may flee for a variety of reasons, including:
- Panic or Fear: The shock of the accident may lead drivers to make irrational decisions in the moment.
- Lack of Insurance: Uninsured drivers may flee to avoid legal and financial consequences.
- DUI: Drivers under the influence of alcohol or drugs may leave the scene to avoid additional charges.
- Existing Legal Issues: Those with outstanding warrants or other legal troubles may attempt to avoid further complications.
Penalties for Leaving the Scene of an Accident
The penalties for a hit-and-run in Arizona vary depending on the severity of the accident. These penalties can include:
- Property Damage Only: A misdemeanor charge, punishable by up to six months in jail, fines up to $750, and potential license suspension.
- Injury or Serious Injury: A Class 5 or Class 3 felony, punishable by up to 3.75 years in prison for a Class 5 felony and up to 8.75 years for a Class 3 felony.
- Fatality: A Class 2 felony, punishable by up to 12.5 years in prison, with additional penalties if aggravating factors are present.
- License Revocation: In cases involving injury or death, the Arizona Department of Transportation (ADOT) may revoke your driver’s license for up to three years.
- Increased Insurance Premiums: A hit-and-run conviction can lead to significantly higher insurance rates or even policy cancellation.
Civil Liability in Hit-and-Run Cases
In addition to criminal charges, leaving the scene of an accident can expose you to civil lawsuits. Victims may pursue compensation for:
- Medical Expenses: Covering treatment, rehabilitation, and ongoing care.
- Property Damage: Repair or replacement of damaged vehicles or property.
- Pain and Suffering: Non-economic damages related to physical and emotional distress.
- Lost Wages: Compensation for time missed at work due to injuries.
Defenses Against Hit-and-Run Charges
Being charged with leaving the scene of an accident is serious, but there are legal defenses that may apply to your case. Common defenses include:
- Lack of Awareness: If you were unaware that an accident occurred, your attorney can argue that you did not intentionally flee the scene.
- Medical Emergency: Demonstrating that you left the scene due to a medical emergency may mitigate the charges.
- Mistaken Identity: If someone else was driving your vehicle, your attorney can present evidence to prove your innocence.
- Challenging Evidence: An attorney can question the validity of witness statements, surveillance footage, or other evidence used by the prosecution.
Why You Need an Experienced Attorney
Facing charges for leaving the scene of an accident can be overwhelming, but a skilled attorney can help you navigate the legal process and protect your rights. Here’s how an attorney can assist:
- Understanding Arizona Law: An experienced lawyer knows the nuances of Arizona’s hit-and-run statutes and can build a strong defense strategy.
- Reducing Penalties: Your attorney can negotiate with prosecutors to reduce charges or penalties, potentially avoiding a felony conviction.
- Protecting Your Record: Avoiding a criminal conviction is crucial for maintaining future employment and housing opportunities.
- Guiding You Through the Process: From court appearances to evidence review, an attorney provides support and guidance at every step.
Steps to Take If You Are Charged
If you are charged with leaving the scene of an accident, take these steps to protect yourself:
- Do Not Admit Fault: Avoid making statements to law enforcement without legal representation.
- Document the Incident: Write down everything you remember about the accident, including the time, location, and events leading up to it.
- Contact an Attorney: Reach out to a criminal traffic lawyer as soon as possible to discuss your case.
- Follow Legal Advice: Your attorney will provide guidance on how to handle the charges and protect your rights.
How Traffic Law Guys Can Help
At Traffic Law Guys, we specialize in defending clients against charges for leaving the scene of an accident. Our team understands the complexities of Arizona’s traffic laws and is dedicated to achieving the best possible outcome for your case. We will work with you to build a personalized defense strategy and ensure that your rights are protected.
If you’ve been charged with leaving the scene of an accident, don’t face it alone. Contact Traffic Law Guys today for a consultation and let us help you navigate this challenging situation.