How to Get Out of a Hit and Run Charge

Posted on January 20, 2023

You hit a parked car and then fled the accident scene. A prosecutor now wants to file a misdemeanor hit and run charge against you. Is there any way to get out of it?

Perhaps, yes. There are five common ways to try and get out of a hit and run charge. These are to show that:

1. there was no property damage,
2. you did not know of an accident,
3. you were the only person injured in the accident,
4. there was an emergency, and
5. you entered into a civil compromise.

The hit and run laws of most states say that misdemeanor hit and run is the criminal offense where you:

1. get into a car accident that causes property damage, and
2. flee the accident scene.¹

The crime can result in a felony charge if you flee the scene of an accident in which another person was injured or killed.²

1. Is it a hit and run defense to show no property damage?

Yes. Recall that you are only guilty of hit and run if you:

1. are involved in a car accident that involves property damage, and
2. flee the scene of the accident.

To convict defendants in misdemeanor hit and run cases, a prosecutor has to show that your motor vehicle accident caused some type of property damage.

This means you can always try to get out of criminal charges by showing that no property was damaged in an accident.

Example: John is driving through a suburban neighborhood in the middle of winter. He slips on a patch of ice and just barely grazes a home’s mailbox. He inspects the accident and doesn’t see any damage to either his car or the mailbox. John drives away.

Here, John is not guilty of hit and run. While he was in a slight accident, there was no property damage involved.

2. Is lack of knowledge a good defense?

It can be, yes. A hit and run lawyer or criminal defense attorney can often help you contest a charge by showing that you did not know that you were in a hit and run accident.

In the above example, though, note that Kim could face reckless driving charges.

Example: Kim is driving in the middle of a windstorm. Branches and debris are hitting her windshield and hood. At one point, her car slides to the left and she scrapes the car next to her. Kim does not stop because she thought the scraping noise was more debris.

Here, a prosecutor would probably not pursue a hit and run charge because there was no criminal intent given Kim’s lack of knowledge.

Further, the owner of the scratched vehicle could try and recover compensation for the scrape. The owner of the vehicle could do so by filing a civil lawsuit against Kim and showing that she was driving in a negligent manner.

3. Can you avoid a charge by showing that you were the only person injured?

Maybe, depending on the facts of the case. Recall that you may face a felony hit and run charge if you fled an accident scene that involved serious injury to someone else.

The key here is bodily injury to another person. If you were injured in an accident, but there was no other injured person, then a prosecutor will likely not pursue a felony charge.

But the prosecutor could file a misdemeanor charge if the accident resulted in property damage.

4. What if there was an emergency?

A prosecutor may decide to drop a hit and run charge if you did not stop at an accident scene because you were responding to some type of emergency.

Example: Bob is driving his pregnant wife to the hospital. She went into labor a few minutes ago. Bob fails to stop at a stop sign. There is an accident resulting in damage to another car’s bumper. Bob does not stop and continues to the hospital.

Here, Bob could likely get out of any later hit and run charge. As with a criminal case with lack of knowledge, Bob did not have any type of criminal intent. He was merely trying to get his wife medical treatment.

5. Can a civil compromise help?

Some jurisdictions say that a civil compromise can lead to a dismissal of a hit and run charge.

A civil compromise is where:

1. you compensate a hit and run victim for any losses, and
2. in return, a judge or prosecutor dismisses the case.

A civil compromise is usually only available in misdemeanor hit and run cases. “Losses” in these cases are most often the cost of any property damage (for example, the cost to repair a dent or broken headlight).

6. What are you required to do if you get into an accident?

Most states say if you get into a motor vehicle accident, you must:

• stop at the accident scene, and
• give your contact information, registration number, and license plate number to anyone involved.³

If you hit a parked car, you should write this information down and leave it for the owner of the other car in a conspicuous place.

If an accident results in personal injury to another person, you should provide reasonable assistance and render aid.⁴

7. Can a criminal defense lawyer help?

Yes. You should seek a consultation with a criminal attorney or a hit and run attorney if you are facing a criminal case involving hit and run.

A defense lawyer or law firm can help by:

• raising any of the defenses discussed above,
• working with the prosecutor to reach a favorable plea deal,
• ensuring that your criminal record stays clean,
• ensuring that your driver’s license is not suspended or revoked, and
• working to help you avoid jail time.

In our experience as a criminal defense firm, people charged with hit and run are more likely to get out of a charge with the help from a skilled defense lawyer.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.