Is Leaving the Scene of an Accident a Criminal Charge in Massachusetts?

Being involved in a car accident is a traumatic experience. And while it may be hard to think clearly in the immediate aftermath of an accident, it’s important to remember that you do have legal obligations if involved in a crash. One of those obligations is to remain at the scene of the accident and, if you flee the scene, you could face criminal penalties. If you are facing criminal charges, reach out to Massachusetts criminal defense attorney Paul R. Moraski today to learn more about your rights and start building your defense. 

Massachusetts Law on Leaving the Scene of an Accident

If you are involved in a car accident in Massachusetts, you are legally obligated to stop and provide information to the authorities. It is important that you exchange information with the other driver and provide your information to the responding police officers. If no one else is involved in the accident or if the other driver flees, you are still obligated to report the accident as soon as reasonably possible. 

Consequences and Penalties for Leaving the Scene of an Accident

The consequences and penalties for leaving the scene of an accident vary depending on the degree of property damage or/and personal injury involved. As found in Massachusetts General Laws Chapter 90, Section 24, leaving the scene of an accident that results in property damage is a misdemeanor offense, and can result in a fine of up to $200, a period of imprisonment of up to two years, or both a fine and imprisonment.

Leaving the scene of an accident that results in bodily injury to another person is a more serious offense. If the injury does not result in death, the penalty includes mandatory minimum imprisonment of six months, as well as a fine. 

Of course, if an individual leaves the scene of an accident resulting in death, the penalties are much harsher. In this case, the mandatory minimum imprisonment sentence increases to 2.5 years (up to 10 years). Additionally, the individual’s license will be subject to automatic suspension. 

What to Do After Fleeing the Scene of an Accident

If you have fled the scene of the accident, you should consult an attorney immediately. Even if you have not been caught (yet), securing legal counsel is highly advised. 

The prosecution will have the burden of proving your guilt beyond a reasonable doubt by establishing that you were operating a motor vehicle; you collided with another that resulted in property damage, injury, or death; and that you knew of the collision and left the scene regardless. Your attorney can help you to understand your legal options for avoiding the harshest penalties and improving the outcome of your case. 

Call Attorney Paul R. Moraski Today

To learn more about the penalties you may be facing and how to best protect yourself, call The Law Office of Paul R. Moraski directly today at (978) 397-0011. You can also get in touch by filling out the contact form on our website.