Hit and Run | Leaving the Scene

Estimated reading time: 5 minutes

Leaving the scene: We say “hit and run.” But the criminal statutes aren’t titled that way. “Hit and run” describes a fact-situation, sometimes involving a car accident. And a prosecutor could charge a “leaving the scene” case under several different criminal laws, depending on the facts. On the severe end of the spectrum are Criminal Vehicular Homicide charges.

And on the low-end, is a traffic ticket case, with property damage only, where the driver fails to notify the damaged party.

But at the core is a driver, in a collision, who leaves and fails to provide their information to the damaged party.

Leaving the Scene: Causation element

The most specific statute is Minnesota Statutes § 169.09 “COLLISIONS.” But Minnesota statutes address several hit and run scenarios. The other statute that prosecutors can charge is Minnesota Statutes §609.2113 “CRIMINAL VEHICULAR OPERATION; BODILY HARM.”

The key difference? Causation element. Minnesota Statutes § 169.09, Subd. 14 (a) “Penalties” says, “The driver … who did not cause the collision is punishable as follows …”

But contrast that with Minnesota Statutes § 609.2113 “CRIMINAL VEHICULAR OPERATION,” saying:

“(7) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6.”

Minn. Stat. § 609.2113

And Minnesota Statutes § 169.09, subd. 1, states:

“The driver of any motor vehicle involved in a collision shall immediately stop the vehicle at the scene of the collision, or as close to the scene as possible, and reasonably investigate what was struck. If the driver knows or has reason to know the collision resulted in injury to or death of another, the driver in every event shall remain at the scene of the collision until the driver has fulfilled the requirements of this section as to the giving of information. The stop must be made without unnecessarily obstructing traffic.”

Minn. Stat. § 169.09, subd. 1

And if the collision results in bodily injury or death to another, Minnesota Statutes § 169.09, subd. 6, requires that,

“[t]he driver shall, after compliance with this section and by the quickest means of communication, give notice of the collision to the local police department if the collision occurs within a municipality, to a State Patrol officer if the collision occurs on a trunk highway, or to the office of the sheriff of the county.”

Minn. Stat. § 169.09, subd. 6 (2024)

Bodily Harm & Property Damage Level: Damage element

The damage element is something both statutes have in common. The crime can be a felony, gross misdemeanor or misdemeanor depending upon the level of damage in the collision. Specific levels of damage are:

• Death
• Great bodily harm
• Substantial bodily harm
• Bodily harm
• Property damage

Exception: Property damage only cannot be the basis for a Criminal Vehicular Operation charge (e.g., hitting an unoccupied, parked car). Because that charge requires, at minimum, bodily harm to another. But a prosecutor can charge “a property damage only,” leaving the scene case under Minnesota Statutes § 169.09.

Hit and Run: Identity element

Evidence of identity is the defining problem of “leaving the scene” and “hit and run” cases. Police officers must focus on getting that evidence. In fact, some larger police departments even have officers who specialize in hit and run cases only. So, identity of a driver in a collision is often the core issue. Society wants drivers to be responsible for their actions. And have insurance.

Factors: leaving the scene, hit and run

We may not be able to explain why many leaving the scene and hit and run cases happen. But we may be able to discern contributing causes:

• DWI history leading to unlicensed driver.
  
• Uninsured driver. See: Driving Without Insurance charges.
  
• Undocumented alien without drivers license.
  
• Driver under the influence at the time. See: Avoid a DUI: Countermeasures at a DWI Stop.

Accident report requirement

In addition to requirements to report car accidents and collisions to law enforcement noted above, Minn. Stat. § 169.09, subd. 6, Minnesota law also requires the driver to file an accident report if the collision meets certain conditions.

“Accident report to commissioner. The driver of a vehicle involved in an accident resulting in bodily injury to or death of any individual or total property damage to an apparent extent of $1,000 or more, shall forward a written report of the accident to the commissioner of public safety within ten days of the accident.”

Minn. Stat. §169.09, Subd. 7 (a)

So, if you’re in a car accident with injuries, or at least $1,000 damage, you should file the accident report. And if you don’t, a prosecutor can charge you with a misdemeanor crime under subdivision 14 (c).

But what should a driver do, who is at risk of accusation of hit and run, or leaving the scene?

Fifth Amendment privilege

The State of Minnesota requests information on its accident report form that can be self-incriminating. This presents a “Catch 22” situation. Damned if you do, damned if you don’t?

Solution: Your experienced criminal defense lawyer can help you fill out the form to both show compliance yet not self-incriminate in a meaningful way.

The Fifth Amendment also is important during police questioning. Moreover, you can refuse to answer any questions. And you can cite your Fifth Amendment privilege as well as your right to have a lawyer present. Then, do remain silent.

Hit and Run Attorney

Drivers should not knowingly leave the scene of a car accident or collision. And drivers should not hit and run. Nor should a driver Flee Police. But you don’t need a lawyer to know that. None of us can change the past, though. And sometimes police suspect a driver who is innocent, in light of all the circumstances.

That’s when you need a lawyer with experience in hit and run and leaving the scene cases. Defense Attorney Thomas Gallagher‘s decades of experience with these car accident cases can benefit you.

He can help identify effective defenses. And he can be the difference between getting a conviction record and keeping it clean. And Thomas Gallagher can help you avoid prison or jail.

Question? Call Attorney Thomas Gallagher, 612 333-1500

Attorney Thomas Gallagher knows what to do. And he can help you understand why.

More

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Fleeing Police vs Criminal Intent

Winning Felony DWI Cases in Minnesota

Careless Driving | Reckless Driving – Charges & Defense

How to Assert Your Rights: Protect Yourself from Police