Leaving the Scene of Personal Injury

If you are accused of leaving the scene of an accident with personal injury, I know you are extremely concerned about what could happen to you. If you are alleged to be involved in a hit and run, the case is much more serious if a person may have been injured, then if it is merely a case of leaving the scene of property damage.

You can be charged with a hit and run for leaving the scene of injury if you strike a person, walking, a person on a bicycle, or an another car where the people inside the car may have been hurt.

You can be charged with this offense even in cases where no one suffered any significant injures. But the cases can get complicated in court, since the court will want to hear from all interested parties and make sure that the severity of any injury is understood before the case is resolved.

So, it is unlikely that you will be able to quickly plead guilty and get this case resolved immediately.

Leaving The Scene an Accident of Personal Injury – Penalties

Under Massachusetts law, if you leave the scene where you caused a personal injury, you face penalties of up to two years in jail, and fines of up to $1000.

The law calls for a minimum jail sentence of 6 months in jail if convicted, although it can be suspended – meaning you don’t always have to serve the time.

You are also not eligible for a Continuance without a finding, or CWOF in an accident with injury case. You must plead guilty, and not just accept that the evidence is sufficient to find you guilty, which is the standard for a CWOF. This can be a problem for some people who are concerned with having a guilty plea on their criminal record.

You will also face a minimum 1 year loss of your driver’s license. You cannot apply for Massachusetts license reinstatement until one year has passed. It is also possible for the Registry to revoke the registration for any vehicle you own after a guilty finding.

If the injuries are serious enough, the district attorney could also indict you in Superior Court, though this doesn’t happen very often. While the maximum penalties aren’t higher under the statute if the case is heard in Superior Court, judges are much more likely to sentence you at the higher end of the sentencing spectrum.

If you are accused of this charge, whether you were arrested or issued a criminal citation, please contact me immediately. Myself and our firm have handled many leaving the scene charge, both with and without related OUI charges. We can help. Call me now to find out what I can do for you.

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