Leaving the Scene of an Accident

When motorists are involved in an accident, the law requires them to stop and identify themselves or report the accident to police.  Failure to do so can result in criminal charges.

The possible charges.

• Leaving the scene of an accident involving property damage (G.L. c. 90, § 24(2)(a) is punishable by 2 weeks to 2 years in the county jail. 
• Leaving the scene of an accident involving personal injury (G.L. c. 90, § 24(2)(a½)(1)) is punishable by 6 months to 2 years in the county jail. 
• Leaving the scene of an accident involving death (G.L. c. 90, § 24(2)(a½)(2)) is punishable by 2.5 to 10 years in the state 1 to 2.5 years in the county jail.

In general, this statutory framework is designed to make sure that people who cause accidents are identified so that they will be held responsible for the harm they have caused.  However, police routinely misapply this law in several ways.

The law misapplied.

First, police must establish that the accused driver caused damage in an accident.  This means that not every type of contact triggers a responsibility to identify oneself.  Yet, police will sometimes press charges when, for example, a driver backs into the bumper of another car, with no perceptible damage.  Absent evidence of damage, this criminal charge is improper.  Similarly, without clear evidence that the accused driver is actually at fault in the accident, this criminal charge is invalid.  

Second, police misunderstand the concept of “leaving.”  Not everyone leaves the scene of an accident because they seek to escape responsibility.  In a large number of cases, people technically “leave” the scene for safety or other valid reasons.  For example, the accident may occur in an area that is unlit or known for criminal activity.  The car may also be positioned in such a way that creates a risk of further accidents.  Moving to a safe area is perfectly valid and reasonable in those circumstances and doing so should not be treated as a crime.  In other cases, the actions of the other driver may be aggressive or frightening.  In those instances, a driver cannot be forced to remain at the scene where they may very well be at risk of physical harm.  Finally, there are some instances where the other driver flees the scene of the accident, and the other driver leaves the scene in order to pursue and identify them.  In all of these instances, the driver has technically “left” the scene, but they lacked criminal intent in doing so.  If you are accused of leaving the scene in similar circumstances, we will help the court understand that your doing so did not constitute a crime.

Finally, in a surprising number of cases, police will simply charge the registered owner of a vehicle, even in the absence of any affirmative evidence that the owner was driving.  This is yet another unfair application of the law.  It is not a crime to own a car that was involved in an accident.  Rather, it is only a crime to leave the scene of an accident.  It is not up to you to prove who was driving your car, or clear your name if your were not.  Instead, it is the government’s job to prove beyond a reasonable doubt that you were the driver at the time of the accident; assumptions based on vehicle ownership fall short of that proof.  

A note on citations and clerk’s hearings.

The Massachusetts “no-fix” law requires police to provide a written citation at the time and place of the accident, with certain exceptions.  If police fail to timely file a citation, this may constitute a complete defense to the criminal charge.  We have secured dismissal of many cases where police have failed to comply with this statute.  For more information on the no-fix law, click here.

Unless the accident was fatal, leaving the scene charges are misdemeanors, to which the accused is ordinarily entitled to a clerk’s hearing.  If police fail to request a clerk’s hearing, this can result in dismissal of your charges.  For an in-depth discussion of clerk’s hearings, click here.