Leaving the scene of an accident in Massachusetts is a criminal offense. If the accident involves property damage, the driver must stop and exchange information. Failure to do so can result in fines, imprisonment (up to 2 years), and license suspension. If the accident involves injury or death, penalties are more severe, including up to 10 years in prison. The charge is serious, as the law requires drivers to remain at the scene to provide assistance and information to the injured parties and authorities. The offense becomes aggravated if bodily injury or death occurs.
What Happens If You Leave the Scene of an Accident in MA? #
In Massachusetts, leaving the scene of an accident is a criminal offense with serious consequences. Whether it’s a minor fender bender or a major accident, the law requires that all drivers stop immediately and provide specific information, including your name, home address, vehicle registration number, and driver’s license. Failing to do so constitutes a scene offense, and the penalties depend on the extent of the damage or whether personal injury occurred.
For first offenses involving property damage, you could face fines up to $200, imprisonment for up to two years, or both. If personal injury is involved, the penalties are more severe and may include a state prison sentence of up to 10 years, depending on the seriousness of the injury. Your driver’s license may also be suspended for a minimum of 60 days.
Essential Elements of Leaving the Scene of an Accident Under Massachusetts Law #
To be convicted of leaving the scene of an accident, the district attorney must prove certain essential elements beyond a reasonable doubt. These include:
- You were operating a motor vehicle.
- You knew you were involved in a motor vehicle accident.
- You failed to stop and provide required information such as your name, home address, and vehicle registration number.
The law also applies whether the accident happened on a public way or private property, such as a parking lot. Leaving without providing accurate information to the other party or law enforcement is a criminal act that can result in a guilty finding in district court or superior court. This guilty finding could lead to a criminal record, license suspension, and jail time.
What Happens If You Hit a Parked Car and Leave in Massachusetts? #
If you hit a parked car and leave the scene without providing your contact information, you are still subject to the same laws governing scene of property damage. Under Massachusetts law, you must take reasonable steps to locate the owner or leave a note with your name, phone number, and vehicle registration number. Failure to do so could result in misdemeanor charges.
Even if there is no significant damage, leaving the scene of a car accident in a parking lot can still lead to penalties. In the event of a subsequent conviction, the penalties become more severe. You should always document the accident and report it to the police department or your insurance company.
Driver’s License Revocation for Leaving the Scene of an Accident #
Leaving the scene of an accident in Massachusetts often results in driver’s license suspension or revocation. The length of suspension depends on the severity of the incident. For example, leaving the scene of a personal injury accident can result in a license loss of at least 60 days and up to one year. If there was a fatality, the suspension period increases, and you could face a permanent license revocation.
If you’ve lost your license, you may be eligible for a hardship license through the Massachusetts Registry of Motor Vehicles. A board of appeals may review your case to determine whether a hardship license is appropriate, but this process is complex and often requires thorough documentation of the extent of the damage caused by the accident.
Is Leaving the Scene of an Accident a Crime in Massachusetts? #
Yes, leaving the scene of an accident is a crime in Massachusetts, and it can be classified as either a misdemeanor offense or a felony depending on the circumstances. If only property damage is involved, it is generally treated as a misdemeanor, but leaving the scene of an accident that involves personal injury or death escalates the charge to a serious felony.
In addition to facing jail time, fines, and a criminal record, those convicted of this scene charge will also face civil liabilities, including a potential personal injury lawsuit filed by the injured party. Criminal consequences are only part of the problem; you may also be held financially liable for the injuries or such damage caused during the accident.
What to Do After an Accident in Massachusetts #
After an accident, it’s important to remain at the scene and follow a few critical steps to protect yourself legally:
- Stop immediately and check for injuries.
- Exchange accurate information with the other driver, including driver’s license and vehicle registration.
- If the accident involves personal injury or significant damage, you must call the police department to file an official report.
- Avoid discussing fault at the scene, as this can complicate both criminal cases and insurance claims.
If the accident occurs in a busy area or parking lot, make sure to move vehicles to a safe location if possible. Your insurance company should also be notified, and you should document the extent of the damage to protect your interests.
Why Do People Leave the Scene of an Accident? #
There are many reasons why someone might leave the scene of an accident. Some drivers panic and fear the serious consequences of facing criminal charges. Others may be uninsured, driving without a valid license, or under the influence of alcohol or drugs, leading them to believe that fleeing will reduce the chance of being caught. Unfortunately, leaving the scene almost always makes things worse.
When drivers fail to stop and provide their contact information, they face the possibility of serious charges, a criminal record, and jail time. Additionally, they may lose their right of access to certain defenses that could otherwise lead to a more positive outcome in their case.
Penalties and Defenses for Leaving the Scene of an Accident #
The penalties for leaving the scene of an accident can include everything from license suspension to state prison sentences. However, each case is different, and circumstantial evidence may play a role in your defense. For example, if the district attorney cannot prove beyond a reasonable doubt that you were the operator of the vehicle involved in the accident. Many times there’s no strong evidence to prove you were even at the scene of the accident.
