Have you been left at the scene of an accident with no one to hold accountable? In Washington, dealing with the aftermath of a hit-and-run can be particularly distressing. That’s why understanding the legal framework for a hit and run in Washington is crucial for dealing with the immediate consequences and knowing your rights and the potential penalties that the fleeing driver faces. Today’s guide will explore what constitutes a hit-and-run in Washington, what you should do legally, and how these incidents are penalized to help you through this challenging time.
Definition of Hit-and-Run Accidents
In Washington, a hit-and-run accident refers to any incident in which a driver involved in a vehicle collision fails to stop and provide contact information, render aid, or fulfill other legal obligations before leaving the scene. Washington law categorizes hit-and-run accidents based on whether the collision involved an attended (another person is present) or unattended vehicle or property:
Attended Hit-and-Run
This is the more serious offense and occurs when a driver causes damage to another vehicle, property, or injures someone and leaves the scene without providing assistance or exchanging information. The law requires all involved parties to stop and fulfill their duties, regardless of who was at fault.
Unattended Hit-and-Run
This type occurs when a driver damages an unattended vehicle or other property and leaves the scene without leaving contact information or reporting the incident. Even if the damage is minor, the driver is legally required to make an effort to inform the owner or report the damage to the police.
Both types of hit-and-run offenses carry significant legal consequences, reflecting the seriousness with which Washington treats these accidents.
Legal Obligations for Drivers Involved in Hit-and-Run Accidents
Washington law imposes strict duties on drivers involved in any form of traffic accident, including hit-and-runs. Here’s what is legally expected from drivers:
- Stop Immediately: The driver must stop at once at the scene of the accident or as close to it as possible without obstructing traffic more than is necessary.
- Provide Assistance: If the accident involves injury or death, the driver is required to render reasonable assistance. This may include carrying or making arrangements to carry the injured person to a physician or hospital for medical treatment if it is apparent that treatment is necessary or requested by the injured person.
- Exchange Information: In cases of attended vehicle accidents, the driver must give their name, address, insurance company, insurance policy number, vehicle registration number, and show their driver’s license to others involved in the accident.
- Notify Law Enforcement: If there is an injury, death, or significant property damage, the accident must be reported to the nearest police station or judicial officer.
- Unattended Vehicle or Property: If the owner cannot be located, the driver must leave a note with their name, address, and registration number in a conspicuous place at the accident scene and report the accident to the police.
Ignoring these obligations can lead to severe penalties, including fines, license suspension, and even imprisonment, depending on the circumstances surrounding the hit-and-run. Understanding and complying with these duties can significantly impact the legal outcomes for all parties involved in such incidents.
Penalties for Hit-and-Run Offenses in Washington
The penalties for hit-and-run Washington incidents are severe and are designed to reflect the seriousness of leaving the scene of an accident. The specific penalties depend on the circumstances of the accident:
- Unoccupied Vehicle: If the hit-and-run accident involves an unoccupied vehicle, the offense is classified as a misdemeanor. The penalties for this can include up to 90 days in jail and a fine of up to $1,000. This covers situations where a driver hits a parked car and leaves the scene without notifying the owner or leaving contact information.
- Property Damage Only: When the hit-and-run involves property damage but no physical injuries, the incident is treated as a gross misdemeanor. This can result in up to 364 days in jail and a fine of up to $5,000. Drivers must understand that even minor property damage requires them to stop and properly report the incident.
- Injury: If the hit-and-run accident results in injury to another person, it escalates to a Class C felony. The consequences for causing bodily harm and fleeing the scene include up to 5 years in jail and a fine of up to $10,000. This category highlights the legal system’s emphasis on accountability and the need to provide aid to the injured.
- Death: The most severe hit-and-run incidents, those resulting in the death of another person, are classified as Class B felonies. The penalties are the most severe, with up to 10 years in jail and fines up to $20,000. These stringent penalties reflect the tragic impact of such incidents and the importance of driver responsibility.
In addition to criminal penalties, drivers convicted of hit-and-run offenses may also face administrative penalties from the Washington State Department of Licensing, such as driver’s license suspension or revocation.
Legal Options for Victims of Hit-and-Run Accidents
Victims of hit and run Washington accidents have several legal avenues to consider for recovering damages:
- Uninsured Motorist Coverage: If you have uninsured motorist coverage as part of your auto insurance, you can file a claim for damages. This coverage is specifically designed to address situations where the at-fault driver is uninsured or cannot be identified, as in the case of most hit-and-runs.
- Civil Lawsuit: If the hit-and-run driver is later identified, you can file a civil lawsuit against them. This can provide compensation for medical expenses, lost wages, pain and suffering, and other damages caused by the accident.
- Crime Victims Compensation Program: Washington State offers a crime victims compensation program that may cover the costs of medical treatment, mental health counseling, and lost wages if other insurance or financial resources are exhausted.
Steps to Take If You’re Involved in a Hit-and-Run Accident
If you find yourself the victim of a hit and run Washington accident, there are several steps you should take immediately:
- Safety First: Ensure your safety and the safety of any passengers by moving to a safe location.
- Call the Police: Report the accident immediately. If possible, provide as much detail as you can, including the description of the vehicle and driver.
- Gather Evidence: Collect contact information from witnesses and take photos of the scene and any damages to your vehicle.
- Seek Medical Attention: Even if you do not think you are injured, it’s important to be examined by a medical professional.
- Contact Your Insurance Company: Call your insurance company and inform them about the accident as soon as you can. They can guide you on the necessary steps to file an uninsured motorist claim.
- Consult a Lawyer: To explore your legal options, consider consulting with a lawyer who specializes in personal injury and hit-and-run cases.
Securing Your Rights After a Hit-and-Run
Experiencing a hit and run Washington can be traumatic and overwhelming, but knowing your rights and the steps to take can greatly improve your ability to recover and seek justice. If you are in Kent, Washington, or the surrounding Puget Sound area and have been the victim of a hit-and-run, contact Greaney Scudder Law Firm today. Our experienced attorneys are ready to help tackle your case and ensure that your rights are protected every step of the way. Call us now to get the support and representation you deserve.
What is the punishment for hit and run in Washington?
In Washington state, the punishment for hit and run depends on the severity of the incident. If the accident involves only property damage, it’s considered a misdemeanor, potentially leading to fines and up to 90 days in jail. If injury or death is involved, the crime is a felony, punishable by significant fines and potentially several years in prison.
What happens if you leave the scene of an accident in Washington state?
Leaving the scene of an accident in Washington state, regardless of whether it involves property damage, injury, or death, is illegal and subjects you to criminal charges. Penalties increase with the severity of the accident—from fines and possible jail time for property damage to much harsher penalties, including prison time for accidents involving injuries or fatalities.
Is there a deductible for hit and run in Washington state?
If you have uninsured motorist coverage or collision coverage, you may be able to claim damages from a hit and run. Typically, these coverages require a deductible, the amount of which depends on your specific insurance policy. It’s important to review your policy or consult with your insurance provider to understand the deductible that applies.
Do police investigate minor hit and runs in Washington?
Police in Washington do investigate minor hit and runs, especially if there is substantial evidence, such as surveillance footage, witness testimony, or significant property damage. The level of investigation can depend on the specifics of the incident and local police resources.