Leaving the Scene of an Accident in Hingham

Seasoned Attorneys Providing Robust Criminal Defense in Plymouth County

In Massachusetts, it's a legal requirement for anyone involved in a motor vehicle collision to stop and provide identification. Leaving the scene of an accident without doing so is considered a criminal violation, often referred to as a “hit and run.” This law applies even if you didn't cause the accident. Being convicted carries serious criminal consequences and can affect your driving privileges.

Understanding Each ‘Leaving the Scene of an Accident’ Offense

Navigating the complexities of motor vehicle laws can be challenging, especially when understanding the different offenses related to leaving the scene of an accident. To help clarify, we’ve defined each category of the Massachusetts law covering these offenses.

Massachusetts law recognizes three offenses related to leaving the scene:

• Leaving the scene of an accident causing property damage
• Leaving the scene of an accident resulting in personal injury not leading to death
• Leaving the scene of an accident that caused death

For a conviction, the prosecution must prove several factors beyond a reasonable doubt. These elements are similar for all three types, with minor exceptions. It's important to note that you can be charged with a leaving the scene offense even if you didn't cause the accident.

Leaving the Scene of an Accident Causing Property Damage

This offense is a misdemeanor and the most minor of the three offenses. You could be charged with this offense even if the collision involved a parked car, telephone pole, sign, mailbox, or other property, and you left the scene without reporting the collision. If no one else is present at the scene, you have five days to report the collision to the police and the Registry of Motor Vehicles (RMV) or face a leaving the scene charge.

To convict you, the prosecution must prove beyond a reasonable doubt that you:

• Operated a motor vehicle;
• Collided with another vehicle or property and caused damage;
• Knew you had collided with another’s property or otherwise caused damage to property and
• After the collision, you did not stop and make known your name, home address, and the motor vehicle's registration number.

Penalties for this conviction can include fines ranging from $20 to $200.

Leaving the Scene of an Accident Causing Personal Injury

This offense is also a misdemeanor. To be convicted, the government must prove that you:

• Operated a motor vehicle;
• On a public roadway;
• Collided with another vehicle or otherwise caused injury to any person
• Knew you had collided with or otherwise caused injury to any person and
• After the collision, you did not stop and make known your name, home address, and the motor vehicle's registration number.

Penalties for this offense can include fines of $500-$5,000 and a mandatory minimum of six months to two years in prison. Additionally, if you are convicted of this crime, the RMV will revoke your license for a mandatory one year for a first offense or two years for a subsequent offense.

The Grave Consequences of Leaving the Scene of a Fatal Accident

Leaving the scene of an accident that resulted in the tragic loss of life is the gravest of the hit-and-run offenses. This charge carries with it severe repercussions that can alter your life significantly.

The criteria for this offense mirror those of accidents leading to injury, with the added element of a fatality:

• You were operating a motor vehicle
• You were on a public roadway
• You collided with another entity or caused an injury that led to someone's death
• You were aware that you had collided with another entity or caused an injury resulting in death
• After the collision, you failed to stop and disclose your name, residential address, and vehicle registration number.

If you are found guilty of fleeing the scene of an accident that led to a death, Massachusetts General Law c.90 § 24(2)(a1/2)(2) mandates the following penalties:

• Fines ranging from a minimum of $1,000 up to $5,000
• Prison sentences range from two and a half years to ten years in state prison or one year up to two and a half years in jail or both

In addition to these penalties, a conviction will necessitate the Registry of Motor Vehicles (RMV) to suspend your driving license for three years if it's your first offense and for ten years if it's a subsequent offense.

If you were involved in a fatal accident, which falls under the purview of manslaughter by a motor vehicle, according to Melanie’s Law, and you fled the scene to avoid arrest, you could potentially face felony charges. These charges, as serious as they are, underscore the gravity of leaving the scene of an accident that resulted in a death.

Lawyers to Defend Your Leaving the Scene Charge

At DeGiacomo & Mikhlin, P.C., we understand the fear and distress that may have led you to leave the scene of an accident. Our attorneys have the experience and skills needed to advocate for you before the court. We care about our clients' future and will fight for the best outcome for you to get on with your life. Enlist the advocacy of a strong defense today.