What Is a Hit and Run and Why You Need a Traffic Attorney
A hit and run occurs when a driver leaves the scene of a collision without stopping to exchange information or render aid, and this offense can result in criminal charges, license suspension, and civil liability. A traffic attorney specializes in defending drivers accused of leaving the scene, helping them understand the specific statutes, potential penalties, and available defenses under state law. Forbes explains the legal definition and common scenarios where drivers face hit and run charges after property damage, injury, or fatality collisions.
Penalties vary by jurisdiction and severity, ranging from misdemeanor fines and license points for property-only damage to felony charges, imprisonment, and permanent license revocation when injuries or deaths occur. Insurance companies typically treat hit and run claims differently, often requiring uninsured motorist coverage and sometimes denying payouts if the driver is convicted, which makes early legal intervention critical to protecting both driving privileges and financial exposure.
Penalties, Insurance Impact, and Recent Data on Hit and Run Incidents
Recent data from the AAA Foundation for Traffic Safety shows that hit and run crashes killed an average of over 2,000 people per year in the United States during the latest reporting period, with pedestrians and cyclists representing a disproportionate share of fatalities. The Insurance Information Institute details how claims are processed when the at-fault driver flees, noting that uninsured motorist property damage and bodily injury coverage often become the primary source of compensation.
Criminal and Administrative Consequences
Criminal penalties for hit and run can include jail time, heavy fines, probation, mandatory traffic school, and a permanent criminal record, while administrative actions by the Department of Motor Vehicles can lead to license suspension or revocation even without a criminal conviction. The U.S. Securities and Exchange Commission does not regulate traffic law, but state departments of motor vehicles publish annual crash statistics that show rising hit and run rates in urban areas, reinforcing the importance of consulting a traffic attorney immediately after any collision where leaving the scene is a risk.
How a Traffic Attorney Builds a Defense After a Hit and Run Charge
A traffic attorney typically starts by reviewing the police report, witness statements, dashcam or surveillance footage, and physical evidence to challenge the identification of the driver and the circumstances of departure from the scene. Common defenses include lack of knowledge that a collision occurred, emergency necessity, mistaken identity, or procedural errors by law enforcement, all of which can lead to reduced charges, dismissal, or acquittal.
Beyond criminal defense, a traffic attorney can negotiate with prosecutors, manage driver's license hearings, and coordinate with insurance carriers to minimize premium increases, policy cancellations, or coverage denials that often follow a hit and run allegation. Forbes Advisor connects drivers with licensed traffic attorneys who offer free consultations and case evaluations, allowing accused drivers to understand their options before making statements to investigators or insurers.