KEY TAKEAWAYS
- If you are involved in a Virginia hit-and run accident, it is important to understand your legal rights and responsibilities and potential compensation.
- Under Virginia law, anyone involved in a vehicle accident resulting in injury, death, or property damage must remain at the scene to provide assistance, exchange information, and report the matter to the authorities.
- Fleeing the scene of an accident that caused injury, death, or property damage in Virginia is a crime carrying serious penalties.
- Hit-and-run accident victims are encouraged to seek representation from a skilled Virginia personal injury lawyer.
Legal Requirements After an Accident in Virginia
Virginia’s hit and run laws are codified under Virginia Code § 46.2-894. This law specifies the duties of drivers and passengers of vehicles involved in wrecks and the penalties for noncompliance. The legal requirements after a Virginia accident include the following:
- Always stop – Virginia law requires stopping after an accident that causes injury, death, or property damage. If possible, you should pull your vehicle over to safety and stop the engine.
- Assist the injured – The law also requires you to assist anyone injured, including the other driver. This might involve helping someone escape harm’s way or calling an ambulance for them. The law also states that you may be required to take an injured person to a hospital or physician if it is “apparent that medical treatment is necessary” or the person requests it.
- Exchange contact information – Per Virginia’s statute, motorists have a legal duty to exchange the following information if it is safe to do so and the other party can
understand and retain it: name, phone number, address, driver’s license number, and vehicle registration number. - Contact the police – Call the police to report the accident and provide them with the above information. Even if they don’t travel to the scene, you can get a report number from them that your Virginia car accident lawyer can access later.
Under Virginia law, any person riding a bicycle, e-bike, scooter, motorized skateboard, moped, electric personal assistive mobility device, or an animal on a highway is subject to the state’s traffic laws. They have the same responsibilities after an accident as drivers.
Here are some answers to common questions we receive concerning the legal requirements after a car crash:
What Happens if Both Drivers Leave the Scene of an Accident?
Virginia law requires both drivers to stop as close to an accident scene as possible, render aid to anyone who needs it, exchange information, and report the information to the police. Even if they agree to do so, neither party may leave.
What Happens if You Leave the Scene of an Accident and It Is Not Your Fault?
Even if the accident was not your fault, Virginia law requires that you remain at the scene to report it to law enforcement and help those injured. You should not leave.
Can a Passenger Leave the Scene of an Accident?
While passengers should certainly stay and try to help after an accident, Virginia’s law specifically addresses drivers, not passengers.
What To Do if Involved in a Hit and Run Accident
Penalties for Fleeing an Accident Scene
No one plans to be in a car accident. That’s why it’s essential to know what to do if you’re involved in a crash, especially a hit and run. These steps can help protect your rights after a crash where someone flees the scene:
- Call 911 – Get to a safe location and call 911. Wait there until the authorities arrive on the scene. The responding officer will secure the accident scene, conduct an initial investigation, and prepare an accident report that you can use for your claim.
- Take photos and video – Begin collecting evidence immediately. Take photos and videos of the crash scene as well as the damage to your vehicle. Note any environmental factors like road debris, work zones, or weather.
- Speak to witnesses – Write down or record any witnesses’ names and contact information. Find out what they saw so your attorney can follow up with them later.
- Seek medical attention – Some injuries may not be apparent immediately. Seek medical attention promptly, even if you feel fine.
- Consult an attorney – You may still be eligible for compensation if you’ve been injured in an accident and the driver doesn’t stop at the scene. An experienced Virginia personal injury lawyer can help you navigate the complicated waters of an uninsured motorist claim. Contact our office today at 757-333-3333 to schedule a free consultation.
The legal consequences of leaving a Virginia accident scene can be severe. A hit and run charge in Virginia is also known as “Failure to Report an Accident.” A driver can receive one of these charges for doing any of the following:
- Making physical contact with another vehicle, object, or person
- Causing injury, death, or property damage
- Failing to render necessary aid to an injured person
- Failing to report the accident
Being convicted of a hit and run charge requires that the driver knew or should have known there was property damage or injuries. The Commonwealth also must show that the driver failed to report the accident and exchange information with the other party.
A violation of this law is a Class 5 felony if the accident caused more than $1,000 in property damage, injuries, or a fatality. Violators face up to 10 years in prison and $2,500 in fines if convicted. If there is less than $1,000 in property damage, the charge would be a Class 1 misdemeanor, with violators facing up to 12 months in jail and $2,500 in fines
Rely on The Car Crash Experts at Cooper Hurley Injury Lawyers
Car accidents can be frustrating. They are even more challenging when one party doesn’t stick around after the crash, as Virginia law requires. If you or a loved one have been injured in a Virginia accident, contact The Car Crash Experts at Cooper Hurley Injury Lawyers.
Our team of top-rated attorneys boasts an impressive 128 years of legal experience. We take exceptional pride in our winning streak of securing millions of dollars for accident victims. We only represent the injured, never the insurance companies. Call us at 757-333-3333 to get your free case evaluation now.
