Hit and Run Defense: Leaving the scene of an accident in Michigan.

Blurry image of fast moving cars in a snowstorm. Visual concept for a blog discussing Hit and Run Defense.

When a driver leaves the scene of an accident, it is often a split-second decision made in the heat of the moment. Nonetheless, this decision can result in severe, long-term consequences, including substantial fines, potential jail time, and significantly increased insurance premiums. Additionally, if you are sued in a civil case by someone who was injured in a hit-and-run accident, the fact that you left the scene could be used as pivotal evidence in the case against you.

If you were involved in an accident and left the scene, contact Elmen Legal today. Defense attorney Robert Elmen can analyze your situation, explain your rights, and provide sound advice and legal guidance to minimize the impact of Michigan hit and run charges.

Driver Responsibilities After an Accident

Under Michigan law, anytime a driver is involved in an accident, they are required to stop and remain at the scene of the accident and:

  1. Provide their name, address, and vehicle registration number to a police officer or the other driver.
  2. Show their driver’s license to the police officer or other driver.
  3. Render medical assistance and aid to anyone injured in the accident.

Drivers should also take all reasonable steps to ensure their vehicle is not obstructing traffic.

Penalties for a Michigan Hit and Run

Leaving the scene of an accident in Michigan is a serious criminal offense that carries severe punishments. The severity of the penalties depends on whether the other driver was injured and the extent of any property damage.

  • Leaving the scene of an accident that results in serious impairment of a body function of another person is a felony, punishable by up to five years in prison and a fine of up to $5,000. If the accident resulted in someone else’s death, the crime is punishable by 15 years in prison and a $10,000 fine.
  • Leaving the scene of an accident that results in property damage to another vehicle is a misdemeanor, punishable by 90 days in jail and a $100 fine.

In addition to fines and possible jail time, someone convicted of leaving the scene of an accident will also face sanctions from the Michigan Secretary of State. These penalties may include revocation of your driver’s license or a 90-day driver’s license suspension. You will also be assessed six points on your driver’s license.

How Do Police Investigate a Hit and Run Accident?

When a car accident occurs and one of the drivers leaves the scene, the other driver often calls the police to make a report. Once the police learn that one of the drivers left the scene of the accident, they will begin an investigation.

Common tactics police use to investigate a hit and run accident include:

  • Reviewing surveillance footage from nearby stores, homes, or traffic lights
  • Gathering statements from witnesses and others involved in the accident
  • Reviewing license plate recognition systems and DMV records
  • Cross-checking insurance claims for sudden damage reports
  • Reviewing paint transfers and debris analysis

Can I Be Charged with Hit and Run If I Didn’t Cause the Crash?

In Michigan, you can be charged with leaving the scene of an accident even if the crash was not your fault. The act of leaving the scene triggers the criminal charge, not who caused the accident. If the other driver is seriously injured or later dies because of injuries sustained in the accident, you could be charged with a felony, even if you did not cause the crash.

What Should I Do If I Did Not Stop at the Scene of an Accident?

If you left the scene of an accident and are fearful of being charged with a crime at a later date, an experienced criminal attorney can analyze your situation and provide valuable legal advice and guidance. Criminal attorney Robert Elmen knows police policies regarding hit and run accidents and how to negotiate with law enforcement and prosecutors, and can work to protect your rights. You may have had a valid reason for leaving the scene, and he will be able to advocate on your behalf.

Are There Legal Defenses to Charges of Leaving the Scene of an Accident?

Every situation is unique, and Attorney Elmen can analyze your circumstances, offer advice and guidance, and protect your rights. For example, depending on the severity of the crash, you may not have realized it occurred or that it caused injuries or property damage. Or, you may have been falsely accused, mistakenly identified, or left the scene to get help.

Contact Elmen Legal Today

Elmen Legal is located in Ann Arbor and defends people charged with crimes throughout Michigan. Call (734) 707-8915 or contact Elmen Legal online to schedule an appointment to discuss your situation and how Robert Elmen can help.