Being involved in a car accident can be stressful and overwhelming, but what you do in the moments after matters just as much as the crash itself. In Indiana, leaving the scene without following the law can bring severe legal and personal consequences.
Failing to remain at the crash site, often called a hit-and-run, can lead to steep fines, time in jail, loss of your driver’s license, and criminal charges. The penalties vary with the seriousness of the accident and the specific state laws in play, yet hit-and-runs are often treated as major offenses. That’s why understanding the penalty for leaving the scene of an accident is so important for any driver in Indiana.
In Indiana, leaving the scene occurs when a driver involved in an accident fails to stop at or near the crash site and provide legally required information or assistance. According to Indiana Code § 9-26-1-1.2, drivers involved in an accident must, as soon as safely possible, move their vehicles out of the travel lane and to a location as close to the accident scene as possible, unless the accident involves hazardous materials, results in injury or death, or a person is trapped in a vehicle. Violating this rule is a Class C infraction.
Stopping isn’t enough; you must also exchange information with the other driver or property owner and provide assistance if anyone is injured. This can include calling emergency services and staying at the scene until law enforcement arrives.
Contact a Car Accident Lawyer Near You
Leaving the scene of an accident in Indiana could be a felony or a misdemeanor, depending on the outcome of the crash and based on the severity of injuries or damage.
For example, if a crash results in only property damage, it might be handled as a misdemeanor. However, cases involving injury, severe injury, or death increase in severity and potential punishment. These distinctions make it important to understand the specifics of the charges and how the state views the incident.
If the accident causes serious bodily injury or death, leaving the scene can escalate to a felony charge. The penalties become far more severe in these situations and the potential prison sentence increases significantly.
Felony hit-and-run charges can also arise when the driver was under the influence of alcohol or drugs, or if the incident involved reckless driving at excessive speeds.
According to Indiana Code § 9-26-1-1.2, drivers who knowingly or intentionally leave the scene of an accident without fulfilling their legal duties commit a Class B misdemeanor. This classification applies when no serious injuries are involved, but the driver still fails to stop and provide the required information.
In more serious cases involving injury or death, the classification escalates, and so do the potential punishments. Courts consider multiple factors, including prior offenses and the driver’s behavior after the crash.
Class B misdemeanors in Indiana may result in up to 180 days in jail and fines of up to $1,000. If the case is elevated to a felony due to injury or death, prison sentences can be anywhere from one to twelve years, with much higher fines. Courts also consider prior driving history and the level of recklessness involved. It’s important to talk to an attorney for a better review of your specific situation.
Leaving the scene often results in a driver’s license suspension. In many cases, a suspension can last from several months to a couple of years, depending on the circumstances. Points may also be added to your driving record, which can increase insurance premiums for years.
Beyond criminal penalties, drivers who leave the scene can face civil lawsuits. Victims may seek compensation for medical expenses, lost wages, and property damage. In many cases, courts award punitive damages because leaving the scene is viewed as intentional misconduct that society tries to discourage.
Insurance complications are common. In some situations, a lack of coverage can lead to financial hardship that lasts for years.
This is why anyone contemplating leaving the scene of an accident, even a relatively minor one, should understand not only the criminal side but also the civil risks. If you’re unsure about What to Do After a Car Accident in Indiana, especially when it involves a hit-and-run, speaking with an experienced attorney can make all the difference in protecting your rights and future.
Being struck by a hit-and-run driver can be serious and overwhelming, but Blackburn Romey can provide legal guidance to identify the potential sources from which you may recover compensation for your injuries. An attorney familiar with Indiana law can help you understand your options, prepare for court, and address any negotiations with the insurance company and its lawyers.
Contact us today at 833-FOR-HELP to discuss your situation and learn how we can help you seek maximum compensation in your specific circumstances.
Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Tom Blackburn, who has more than 47 years of legal experience, including over 39 years specializing as a personal injury attorney.
