Driving is a fundamental part of many people’s daily routines. One of the risks of driving is getting into a car accident. If you do get into a car accident, you are obligated by law to stay at the scene of the accident. If you leave the scene of an accident, you can be criminally charged. Under Michigan law, if you leave the scene of an accident, you could face legal penalties ranging from small fines to possibly several years in prison.
According to the Michigan State Police, Criminal Justice Information Center, in 2020, there were a total of 245,423 car crashes in the state of Michigan, and 60,906 of them resulted in injury.
Michigan Law MCL 257.619 states, that “the driver of a vehicle who knows or who has reason to believe that he or she has been involved in an accident with an individual or with another vehicle that is operated or attended by another individual shall do all the following:
- Give their name and address, and the registration number of the vehicle he or she is operating, including the name and address of the owner, to a police officer, the individual struck, or the driver or occupants of the vehicle with which he or she has collided;
- Exhibit his or her operator’s or chauffeur’s license to a police officer, the individual struck, or the driver or occupants of the vehicle with which he or she has collided; and
- Render to any individual injured in the accident reasonable assistance in securing medical aid or arrange for or provide transportation to any injured individual.
If you leave the scene of the accident without satisfying these requirements, you could be criminally charged. Leaving the scene of an accident is punishable as follows:
Type of Offense | Penalty | Michigan Law |
Leaving the Scene of an Accident involving property or vehicle damage | Misdemeanor, Jail sentence of up to 90 days (about 3 months) and fines of up to $100 or both. | |
Leaving the Scene of an Accident that caused injury to another person | Misdemeanor, Jail sentence of up to 1 year and fines of up to $1000 or both.
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Leaving the Scene of an Accident that caused serious injury or death to another person | Felony, Jail sentence of up to 15 years and fines of up to $10,000 or both
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In addition, leaving the scene of an accident will result in 6 points being added to the individual’s driving record.
Additionally, if an individual gets into a collision with any property, they are required to report that collision to the owner of the property or the nearest police and provide identifying information. Failure to do so could result in being charged with “Failure to report an accident” which is a Misdemeanor and classified as a non-moving violation.
However, Michigan Law MCL 257.618 carves out exemptions to this law, including any of the following:
- The driver believed that the scene of the accident was not safe;
- The driver went to the nearest police station or officer to report the situation; and/or
- The driver moved his/her vehicle to prevent obstructing traffic.
If you or someone you know is dealing with a charge related to leaving the scene of an accident, it is imperative that you seek legal representation from a lawyer familiar with this area of law. Police and prosecutors will be working swiftly to build a compelling case against you. Finding a resolution that can keep someone’s criminal record clean and keep you out of jail may be available.
If you would like to set up a consultation to discuss your case further, please contact us or call (586) 413-7777 at your earliest convenience.