Leaving the scene of an accident, also known as a hit and run, is a serious offense in Michigan. Whether it involves just property damage or causes injury or death, the penalties can be harsh. Understanding the laws and consequences can help you make informed decisions if you’re ever involved in a car accident.
In this article, we’ll break down the penalties for a hit and run in Michigan and explain what to expect if you’re facing these charges. Every hit-and-run driver risks facing a criminal offense, especially when law enforcement officers are involved in the investigation. If you’re facing hit and run charges in Michigan, don’t navigate the complexities of the legal system alone.
Contact Clarity Law Firm today legal guidance and a strong defense
What Are the Legal Requirements for Reporting a Car Accident in Michigan?
Michigan law requires all drivers involved in a crash to stop and take certain steps. These rules apply to accidents involving property damage, injury, or death, and failure to comply can lead to legal consequences.
Michigan’s “Duty to Stop” Law
Under Michigan’s “Duty to Stop” law, drivers must stop at the accident scene. This includes remaining at the location, exchanging names, addresses, license plate numbers, and vehicle registration with the other party. Drivers are also required to provide reasonable assistance if someone is injured, such as helping them to safety or calling emergency services.
When and How to Report an Accident to the Police
You must report an accident to the police if there is bodily injury, death, or if the vehicle damage exceeds $1,000. Calling 911 or notifying the local police department ensures the creation of an official police report. Police officers will investigate the scene, gather witness statements, and file documentation necessary for insurance and legal processes.
Consequences of Failing to Report an Accident
Failing to report an accident can result in misdemeanor or even felony charges. A hit-and-run driver who does not notify law enforcement officers may face days in jail, fines, and points on their license. Even when the fault driver tries to avoid responsibility, the police report and surveillance footage can help identify the individual and bring charges.
What Are the Penalties for Leaving the Scene of an Accident Involving Property Damage?
Leaving the scene of a minor crash without injury may seem less serious, but Michigan law still treats it as a criminal offense with notable consequences.
- Fines and Restitution: If you leave the scene of an accident that only caused vehicle damage, you can be fined up to $100. Courts may also require restitution to compensate for the cost of repairs. Even a minor hit and run can result in financial penalties, especially if the damage is significant or there’s evidence the license plate was captured.
- Potential for Probation or Community Service: In place of or in addition to fines, courts may sentence the hit-and-run driver to probation or community service. This can include attending driver safety classes, performing hours of volunteer work, or paying restitution. While jail time is less common for first offenses, the judge may still impose several days in jail based on the circumstances.
- Impact on Your Driving Record and Insurance Rates: Leaving the accident scene can add points to your driving record and significantly raise your insurance premiums. Insurance companies often view hit-and-run charges as high-risk behavior. Additionally, a criminal offense on your record may make it harder to find affordable coverage in the future.
What Are the Penalties for Leaving the Scene of an Accident Involving Injury or Death?
When someone is injured or killed in an accident, and a driver leaves the scene, the penalties are far more severe and can result in a felony offense.
- Felony vs. Misdemeanor Charges: A hit and run involving bodily injury can lead to a misdemeanor or a felony offense, depending on the level of harm caused. If the crash results in serious bodily injury or death, the driver will likely face a felony charge. These charges come with harsher sentencing guidelines and greater long-term consequences.
- Potential Prison Time and Maximum Fines: For hit and run accidents involving serious injury or death, the penalties can include a prison sentence of up to 15 years and fines up to $10,000. In addition to incarceration, drivers may also face civil lawsuits from victims or their families. These penalties can escalate further if the hit-and-run driver has a prior record or was under the influence at the time.
- Additional Penalties if the Victim’s Injuries Are Severe or Fatal: If the victim suffers life-altering injuries or dies, the court may impose enhanced penalties, including vehicle forfeiture, mandatory jail time, and extended probation. In some cases, drivers may also face a loss of driving privileges for years. Law enforcement officers thoroughly investigate these motor vehicle accidents to ensure justice is served.
Learn More: Questions to Ask a Criminal Defense Lawyer
How Does Michigan’s No-Fault Insurance System Affect Hit and Run Cases?
Michigan’s no-fault insurance system plays a unique role in how hit and run cases are handled, especially regarding personal injury claims.
Michigan’s No-Fault Insurance Law and Its Role in Hit and Run Cases
No-fault insurance means your own policy pays for your medical bills and lost wages, no matter who caused the accident. If you’re the victim of a hit and run, your insurance will likely cover your medical costs through Personal Injury Protection (PIP). However, if you’re the at-fault driver and you flee the scene, your coverage may be denied.
How Insurance Coverage Impacts Penalties for Drivers Involved in Hit and Run Accidents
Leaving the scene may result in your insurance policy being canceled or your rates going up drastically. Insurance companies may consider fleeing the accident scene a breach of contract. For a hit-and-run driver, this could mean facing both criminal and financial consequences.
The Role of Personal Injury Protection (PIP) in These Cases
PIP benefits help pay for medical expenses and lost income after an accident. However, if you are convicted of a hit and run, you may lose your eligibility for these benefits. Many insurers will not issue a child support check or cover additional damages if a criminal offense is linked to the incident.
How Does a Hit and Run Affect Your Driver’s License?
In addition to criminal penalties, hit-and-run charges can have a lasting impact on your driving privileges.
- License Suspension or Revocation: A conviction can lead to immediate suspension or long-term revocation of your driver’s license. The length depends on whether the case involved property damage, injury, or death. Felony convictions typically carry longer suspensions or permanent revocation.
- Points Added to Driving Record: Michigan adds points to your driving record for leaving the scene of an accident. Accumulating too many points can result in automatic suspension or restrictions. Law enforcement officers often inform the Secretary of State, triggering administrative action.
- Possible Restrictions for Reinstatement: Reinstating your license after a hit and run conviction may require paying fees, completing defensive driving courses, and proving financial responsibility. Additional restrictions, like using an ignition interlock device, may also be imposed for high-risk drivers.
Are There Defenses Against a Hit-and-Run Charge?
Not all hit and run cases are straightforward. Several legal defenses may be available depending on the facts.
Lack of Knowledge About the Accident
In some cases, drivers may not realize an accident occurred, especially if the collision was minor. This is more common in low-speed incidents with little vehicle damage. A criminal defense attorney can use this lack of awareness as a possible defense.
Mistaken Identity or Incorrect Vehicle Identification
Sometimes, the wrong person is accused due to incorrect license plate numbers or unreliable witness testimony. Surveillance footage may also lead to mistaken identity. A skilled attorney will work to challenge the evidence and clear your name.
Emergency Situations or Safety Concerns
If you left the accident scene due to a medical emergency or an immediate threat to your safety, the court may consider it a justifiable reason. Providing evidence that you attempted to report the accident afterward can support your case. In these situations, a criminal defense attorney plays a key role in presenting your explanation to the court.
What Happens If You Are Facing a Hit and Run Charge and Have a Prior Record?
A prior criminal conviction, especially for traffic offenses, significantly worsens hit-and-run penalties. Repeat offenders face increased jail time, fines, and longer probation, as judges are less lenient. Prior offenses can elevate a misdemeanor hit and run to a felony, particularly if the accident causes serious injury or death, or involves alcohol or drugs. These enhanced sentences also lead to civil liabilities for hit-and-run victims, impacting insurance and future opportunities.
Protect Your Future with Trusted Legal Guidance from Clarity Law Firm
A Michigan hit-and-run is a serious legal matter, with penalties ranging from fines to prison time depending on the extent of property damage, injury, or if it was a fatal accident, especially under the influence of alcohol or drugs. If you’re facing charges, understanding your legal rights and seeking legal help is crucial. A prior criminal conviction makes the situation more complex, requiring a criminal defense attorney to pursue a viable defense, negotiate for lighter penalties, or advocate for alternative sentencing.
Clarity Law Firm in Dearborn, Michigan, is ready to guide you through this process. Call us today to start working towards the best possible outcome.