California

In California, leaving the scene of an accident, also known as a hit-and-run, carries significant legal consequences. The severity of these consequences depends on the nature of the accident and the resulting damages or injuries.

For accidents resulting only in property damage, as outlined in California Vehicle Code Section 20002, the offense is classified as a misdemeanor. Drivers who fail to comply with the requirements to stop, provide information, and notify the property owner or police can face penalties including:

• Imprisonment in county jail for up to six months
• A fine not exceeding $1,000
• Or both imprisonment and a fine

In cases involving injury or death, as described in Section 20001, the penalties become substantially more severe:

• For accidents resulting in injury, the offense is punishable by imprisonment in state prison or county jail for up to one year and/or a fine between $1,000 and $10,000.
• If the accident results in death or permanent, serious injury, the punishment increases to imprisonment in state prison for two, three, or four years or in county jail for 90 days to one year and/or a fine between $1,000 and $10,000.

Additionally, Section 20001(c) stipulates that if a person flees the scene after committing vehicular manslaughter, they may face an additional consecutive term of five years in state prison.

Texas

Like with other states, the penalties for leaving the scene of an accident in Texas depend on the type of accident, whether anyone was injured or killed, and the extent of the damage. These penalties are outlined in the Texas Transportation Code Chapter 550.

For accidents involving personal injury or death, as outlined in Texas Transportation Code Section 550.021:

• If the accident results in death, it is a felony of the second degree.
• If the accident results in serious bodily injury, it is a felony of the third degree.
• For other injuries, the offense is punishable by:
  • Imprisonment in the Texas Department of Criminal Justice for up to five years or confinement in county jail for up to one year
  • A fine not exceeding $5,000
  • Or both fine and imprisonment/confinement

For accidents involving only vehicle damage (Section 550.022), striking an unattended vehicle (Section 550.024), and collisions with structures, fixtures, or highway landscaping (Section 550.025), the classification is as follows:

• If the damage to all vehicles or property is less than $200, it is a Class C misdemeanor.
• If the damage is $200 or more, it is a Class B misdemeanor.

Florida

In Florida, leaving the scene of an accident, particularly one involving death or personal injuries, carries severe legal consequences as outlined in Florida Statute 316.027.

For accidents resulting in injury:

• The driver must immediately stop at the scene or as close as possible.
• Leaving the scene is classified as a felony of the third degree.
• Penalties may include fines, imprisonment, or both, as provided in Florida Statutes 775.082, 775.083, or 775.084.

For accidents resulting in death:

• The driver must immediately stop at the scene or as close as possible.
• Leaving the scene is classified as a felony of the first degree.
• Penalties are more severe per Florida Statutes 775.082, 775.083, or 775.084.
• If the driver was under the influence (as defined in 316.193(1)), there is a mandatory minimum imprisonment of two years.

Additional consequences include:

• Revocation of the driver's license by the department.
• Court-ordered restitution to the victim for any damage or loss unless there are clear and compelling reasons not to order it.
• A possible requirement is to complete 120 community service hours at a trauma center or hospital that frequently treats vehicle accident victims.

The law also stipulates that stops must be made without unnecessarily obstructing traffic. Failure to comply with this requirement results in a citation for a non-moving violation.

Notably, individuals with previous convictions for similar offenses who are arrested for leaving the scene of a fatal crash must be held in custody until brought before the court for admittance to bail.

New York

New York State law requires anyone involved in a car accident to stay at the scene and provide necessary information. Failing to do so can lead to criminal charges for Leaving the Scene of an Incident Without Reporting under New York Vehicle and Traffic Law (VTL) Section 600.

The severity of the charges depends on the circumstances of the accident. For property damage only, under VTL 600(1)(a), the offense is a traffic infraction punishable by a fine of up to $250 and 15 days in jail. However, it does not result in a criminal record.

For accidents involving personal injury, VTL 600(2)(a) applies. This is more serious and results in a criminal record. Penalties range from B misdemeanors to A misdemeanors, with fines from $250 to $1000 and jail time of up to one year.

In cases of serious injury, the charge escalates to an E felony, carrying fines of $1000 to $5000 and up to four years in prison. If a death occurs, it becomes a D felony, with fines of $2000 to $5000 and up to seven years in prison.

Pennsylvania

PA Vehicle Code Title 75, Ch. 37, Subchapter C outlines specific requirements for drivers involved in accidents and imposes penalties for those who fail to comply.

Under Pennsylvania law, drivers involved in accidents resulting in injury, death, or property damage are required to stop at the scene or as close as possible immediately. They must remain at the scene until they have fulfilled their duty to provide information and render aid as specified in Section 3744 of the Vehicle Code.

The severity of penalties for leaving the scene depends on the nature of the accident:

• For accidents involving only property damage (Section 3743), leaving the scene is a misdemeanor of the third degree, punishable by a fine of $2,500 or imprisonment for up to one year or both.
• For accidents involving injury or death (Section 3742):
  • It is generally a misdemeanor of the first degree.
  • If the victim suffers serious bodily injury, it becomes a felony of the third degree, with a mandatory minimum sentence of 90 days imprisonment and a $1,000 fine.
  • If the victim dies, it is elevated to a felony of the second degree, with a mandatory minimum sentence of three years imprisonment and a $2,500 fine.

The law explicitly states that courts have no authority to impose lesser sentences than those specified for serious bodily injury or death cases, nor can they place offenders on probation or suspend sentences in these instances.

Additionally, Pennsylvania law requires drivers to immediately notify the nearest police department if an accident involves injury, death, or vehicle damage that requires towing. Failure to do so can result in further legal consequences.

Immediate Actions at the Scene

• Stay put: The victim should remain at the scene of the accident. Chasing the fleeing vehicle is dangerous and could complicate the legal situation.
• Call the authorities: Contact the police immediately. For injuries, call 911; otherwise, use the non-emergency number.
• Gather evidence: While waiting for the police, take photos of the damage, write down details of the incident, and, if possible, capture an image of the fleeing vehicle, especially the license plate.

Dealing with Witnesses

• Identify and approach witnesses: Ask any bystanders who saw the incident to stay and provide information to the police.
• Collect contact information: Obtain witnesses' names and phone numbers for future follow-ups.

Interacting with Law Enforcement

• Provide a comprehensive account: When the police arrive, describe the events, including all information gathered since the incident.
• Obtain a police report: Ensure that a thorough police report is filed, as this will be crucial for insurance claims and potential legal proceedings.

Documenting the Incident

• Record all details: Document the make and model of the fleeing vehicle, a description of the damage to both vehicles, and a step-by-step account of the accident.
• Preserve evidence: Keep all photos, notes, and other relevant information organized and easily accessible.

Dealing with Insurance

• Report to insurance company: Contact the insurance provider as soon as possible to report the hit-and-run accident.
• Understand coverage: Be prepared to pay the deductible for collision coverage, but note that premiums should not increase since the victim wasn’t at fault.

Follow-up Actions

• Seek medical attention: Even if injuries aren't immediately apparent, getting checked out is advisable.
• Consider legal options: Depending on the circumstances, consulting with a lawyer might be beneficial to explore potential legal recourse.

Contact Their Auto Insurance Company

• Report the accident as soon as possible.
• Provide a factual account of what happened.

Obtain Accident Report

• Request a copy of the police report or other motorist's report.

Document Their Condition

• Keep detailed notes on injuries.
• Track physical and mental state changes.

Record Medical Treatment

• List all medical providers seen.
• Keep a log of treatments received.

Assess Property Damage

• Get a property damage valuation.
• Work with an insurance appraiser or adjuster if provided.

Seek Legal Counsel

• Contact a personal injury attorney before providing a statement.
• Get advice on limiting liability.

Follow Attorney Guidance On

• Whether to provide recorded statements
• Negotiating with the other driver's insurance
• Handling uninsured or underinsured motorist scenarios
• Navigating the injury claims process

Gather and Organize Documentation

• Collect all relevant paperwork.
• Organize medical bills and records.

Avoid Discussing the Accident on Social Media

• Refrain from posting about the incident or injuries.

Keep a Communication Log

• Record all interactions with insurance companies and legal representatives.