Why Leaving the Scene of an Accident is a Bad Idea

Automobile accidents are often among the most challenging events in a person’s life. The shock of the crash, coupled with any injuries, feelings of anger, sadness, confusion, damage to your vehicle, and uncertainty about what comes next, makes the aftermath challenging to navigate. If there’s anything that could make this bad situation even worse, it’s leaving the scene of the accident.

Indiana law explicitly prohibits drivers from leaving the scene of an accident. If you are involved in a motor vehicle accident, you must stop, exchange contact and insurance information, and provide aid if necessary. Failure to abide by this rule is one of the most serious mistakes a diver can make, resulting in severe legal and personal consequences.

As a leading Indianapolis car accident lawyer, we have seen how the decision to flee the scene of an accident can produce devastating outcomes for drivers. Even experienced drivers with clean driving records have seen their lives turned upside down by committing this grave mistake.

No matter how challenging the aftermath of an accident is, leaving the scene will only worsen matters.

Understanding Indiana’s Hit-and-Run Laws

Indiana law clearly states that leaving the scene of an accident is a crime. The severity of the penalty depends on the circumstances, such as whether there were any injuries or fatalities. Therefore, drivers must carefully consider whether they want to become criminals and deal with the consequences before they decide to flee.

A driver who leaves the scene of an accident involving only property damages faces a Class B misdemeanor, which is the minimum outcome for leaving the scene of an automobile accident.

This misdemeanor is punishable by up to 180 days in jail and a $1,000 fine. However, if the accident causes serious bodily injury or death, leaving the accident scene can result in a Level 3 felony, punishable by up to 16 years in prison and a $10,000 fine.

Fleeing the scene of an accident can have life-long consequences, even in incidents involving only minor damage. Drivers can revoke their licenses, see their insurance premiums increase, and have a permanent criminal record. These consequences can impact your ability to work, travel, and maintain financial stability.

As a leading car accident attorney in Indianapolis, we’ve seen far too many motorists make the ill-informed decision to leave the scene of an accident. With all the technology on the streets today, fleeing drivers are usually tracked down quickly.

In addition to their liability for the accident, they must face the consequences of leaving the scene, which exceed their liability for the accident.

Statistics Highlight the Problem of Fleeing Drivers

Hit-and-run accidents are unfortunately far too common on Indianapolis roadways, and it is crucial to address this issue. According to the American Automobile Association (AAA) Foundation for Traffic Safety, hit-and-run crashes are increasing nationwide. More than 737,000 hit-and-run accidents occurred in 2020 alone, resulting in more than 2,500 deaths.

Indiana is no exception to the rising trend of drivers fleeing accident scenes. In 2019, the state reported nearly 6,000 hit-and-run accidents, 17 of which resulted in fatalities. With its bustling streets, heavily traveled highways and large population, Indianapolis accounts for many of these cases. This data shows that hit-and-run accidents are a legal problem and a public safety crisis.

Hit-and-run accident victims typically face more challenges to recovering compensation than when drivers stay on site, highlighting the importance of all drivers taking responsibility for their actions. As a top-rated car accident lawyer in Indianapolis, we hold negligent drivers accountable and ensure victims get the justice and compensation they deserve.

Why Do Drivers Flee the Scene of an Accident?

As an experienced car accident lawyer in Indianapolis, we have represented many clients who faced significant challenges after their crash because the other driver fled the scene. Understanding why drivers leave the scene of a collision is crucial as we attempt to reduce the number of times this occurs and to hold those guilty of doing so accountable.

Common reasons drivers leave the scene of an accident include:

• Fear: Fear is a primary motivator for drivers who flee the crash scene. Drivers who are afraid of legal and financial consequences may try to escape these outcomes.

• Driving Under the Influence: Drivers who are under the influence of alcohol or drugs may try to avoid punishments for these illegal behaviors by fleeing. 

• Outstanding Warrants: Motorists who are wanted for other crimes may leave the scene to try to prevent themselves from being arrested.

• Driving Without a License: Drivers without valid licenses or who have had their driving privileges suspended or revoked may flee the scene to avoid accountability.

Unfortunately, no reason justifies leaving the scene of an accident. Fleeing drivers only compound their problems by adding new crimes to their records. And because nearly all drivers who attempt to leave a crash scene are eventually caught, they will have to face the consequences of their actions before and after the accident.

As your trusted Indianapolis car accident lawyer, we have seen firsthand the perils drivers have faced after fleeing an action. In all of our years as car accident lawyers, we have yet to meet a fleeing driver who didn’t regret their choice to leave the scene of a crash.

While drivers who fled and later turned themselves in can demonstrate remorse and potentially mitigate penalties, the negative consequences of fleeing an accident are extremely difficult to overcome.

Your Legal and Moral Duty to Remain at the Scene

Remaining at the scene of an accident you are involved in isn’t just about following the law. It’s simply the right thing to do. Should you leave if you were involved in a crash and the other driver was injured? If you flee, you deny that person potentially life-saving help.

Indiana law requires drivers to render reasonable assistance to injured people, such as calling 911 or helping someone get out of a damaged vehicle. Failure to fulfill this duty is not only illegal but also immoral. Disregarding this moral duty and state law could turn a bad situation into a tragedy that could have been prevented.

As an experienced car accident attorney in Indianapolis, we have handled cases where timely intervention made a life-saving difference. A split-second decision to do the right thing and provide assistance can save a life.

Leaving the scene puts others at risk and damages your credibility in legal proceedings. On the other hand, efforts made to help others after an accident demonstrate goodwill and may help mitigate any liability you may have.

What Should You Do If You Are Involved in an Accident

We know that being involved in a car accident can be an incredibly frightening, emotional, and overwhelming experience. However, knowing what to do in these crucial moments after the collision is essential to protect the health of everyone involved and your legal rights.

If you are involved in a car accident:

1. Stop Immediately: Pull over to a safe location near the accident site.
2. Check for Injuries: Check for injuries among yourself, your passengers, and any other vehicles involved in the crash.
3. Call 911: Medics will treat any injuries while police gather evidence and file an accident report.
4. Collect Information: Exchange contact and insurance information with anyone involved in the accident. Also, get contact information from any eyewitnesses.
5. Document the Scene: Take photos of the accident scene, including damage to all vehicles, any visible injuries, road conditions, and anything else that could have factored into the crash.
6. Contact an Experienced Car Accident Lawyer: A skilled car accident lawyer near me will help protect your legal rights and help you navigate the legal aspects following your accident.

Following these steps fulfills your legal and moral duties and protects your rights in subsequent legal matters. Accident victims who partner with experienced and specialized lawyers are much more likely to achieve favorable legal outcomes than those who try to do it independently.

How Vaughn A. Wamsley Can Help You

If you are involved in an accident, either as a victim or as a driver accused of leaving the scene of an accident, we are here to help. Our team has extensive experience navigating Indiana’s car accident laws and has the knowledge, passion, and resources to achieve favorable results. We work tirelessly to protect your rights and achieve the best possible results.

We fiercely advocate for justice and fair compensation for victims that adequately covers all their damages, including medical expenses, lost wages, property damage, and pain and suffering. If the at-fault driver fled the scene, we evaluate all options to determine the best way to make you whole.

We provide strong defenses and advocate for fair treatment under the law for motorists who made the mistake of leaving the scene.

Leaving the scene of the accident is always a bad idea. Despite our efforts to prevent this crime from occurring, we understand that mistakes sometimes happen in the chaos of an accident. We are determined to pursue justice for any party involved in these unfortunate events.

If you or a loved one has been involved in a car accident where a driver left the scene, call us today for a free consultation to learn more about how we can help you achieve the desired outcomes.