Failure to Remain at the Scene

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Leaving the Scene of an Accident in Maryland

A driver involved in a car accident in Maryland has several obligations under the Transportation Article. Broadly speaking, these can be classified into the duties to remain at the scene, render aid, and provide identifying information. Failure to remain at the scene is sometimes known as “Hit and Run.”

Types of Accidents

Resulting in Injury or Death under Transportation Article §20–102

If the accident resulted in bodily injury or death to anyone, the driver must stop as close to the scene of the accident as possible. They must return to and remain at the scene of the accident until they perform the duties required by §20–104. These are duties to render aid, such as by calling an ambulance, and to provide the driver’s personal information (name, address, vehicle registration number, and license) to anyone injured in the accident and anyone else involved in the accident such as another driver or any passenger of any vehicle involved. They must also provide this information to any police officer at the scene or investigating the accident. If there is no police officer at the scene and no one is in any condition to receive the driver’s personal information – for example, if everyone else is unconscious, seriously injured, or dead, the driver has an additional obligation. The driver must first remain at the scene and render aid. They must then report the accident to the nearest police station and provide their personal information.

Resulting in Damage to an Attended Vehicle under Transportation Article §20–103

If the accident resulted in only damage to an attended vehicle or other attended property, the driver must still stop and remain at the scene until they have complied with the requirements of §20–104. The driver must provide their personal information to

anyone else involved in the accident, such as other drivers, passengers, and attendants of the damaged vehicle or property. The driver must also provide this information to any police officer on the scene or investigating the accident. The term “attended” means the vehicle or property was occupied or supervised by a person at the time of the accident. The term “attendant” means a person who is present, watching over, or responsible for the property.

Resulting in Damage to an Unattended Vehicle under Transportation Article §20–105

If the accident resulted only in damage to an unattended vehicle or unattended property, the driver must still stop the vehicle as close to the scene of the accident as possible. They must then attempt to locate the owner, driver, or person in charge of the damaged vehicle or property and provide the required personal information. If the owner, driver, or person in charge can’t be found, the driver must leave a written note in a conspicuous and secure place that provides the required information.

Consequences

A charge of failure to remain at the scene of an accident can result in very serious consequences.

Even in a case where only property was damaged, the driver faces up to $500 in fines and up to 2 months in jail.
If bodily injury occurred, a driver who failed to remain at the scene faces up to $3,000 in fines, and up to 1 year in jail.
If serious bodily injury occurred, and the knowledge requirement was met, the penalties are a felony charge, up to $5,000 in fines, and up to 3 years in jail.
Finally, if death occurred, and the knowledge requirement was met, the driver faces a felony charge, $10,000 in fines, and up to 10 years in jail.

In this context, the knowledge requirement means that the driver knew or reasonably should have known that the accident might result in serious bodily injury or death.

Contacting a Maryland Lawyer

If you have been charged with failure to remain at the scene of an accident in Maryland, it is critical to retain an experienced attorney who can best represent your interests. In addition to the criminal penalties, the MVA assesses an 8 point penalty for failure to stop after an accident resulting in property damage, and a 12 point penalty (automatic license suspension) for failure to stop after an accident resulting in bodily injury or death. Either of these could have a devastating effect on your ability to drive as well as seriously impact your insurance rates.

The experienced attorneys at The Law Offices of Krum, Gergely, & Oates can help you navigate your case, work toward resolving the charges against you, and ultimately find the best outcome for your particular circumstances.

Call (301) 840-0080 to schedule a free consultation and speak with a Maryland traffic defense lawyer who can help you move forward with confidence.