Virginia Hit and Run Lawyer
Hit and Run in Virginia is a criminal offense. If you are involved in a motor vehicle accident that either involves personal injury or results in property damage, then it is illegal to leave the accident scene without fulfilling your legal obligation. Such an incident is referred to as Hit and Run or Leaving the Scene of an Accident and is prohibited by Virginia Code sections 46.2-894, 46.2-895, 46.2-896, and 46.2-897. A violation of the hit and run law can result in serious consequences, ranging from a simple fine to a prison sentence, depending upon the severity of either the personal injury or the property damage. A common misconception is that you must be the at-fault driver to be in violation of this law.
Leaving The Scene of an Accident Attorney
Riley & Wells Attorneys-At-Law have been successfully defending hit and run allegations for over 25 years throughout the central Virginia area including in the Court of Appeals of Virginia. In Virginia, a Hit and Run accident that results in personal injury or damage to attended property in excess of $1000 is a felony and punishable by a maximum 10-year term of incarceration and/or a fine of not more than $2,500. Misdemeanor hit and run violations involve either less damage or unattended property, yet there are still harsh penalties. Any conviction for Hit and Run may also suspend driving privileges and will assess DMV demerit points to your driving record. NOTE: A arrest for hit and run is NOT a conviction. Do not waive your rights. Consult a law firm that is dedicated to successfully defending clients accused of leaving the scene of an accident.
Virginia Hit and Run Case Results
DISCLAIMER: CASE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE AND DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE
Richmond Virginia Hit & Run DISMISSED
Riley & Wells Attorneys-At-Law represented a client who was arrested for Felony Hit & Run-Leaving the Scene of an Accident involving personal injury. The client was driving thru the Intersection of W. Broad Street & N. Belvidere Street in the City of Richmond. The client was driving the speed limit and contact was made with an object that was later determined to be a pedestrian at a crosswalk who suffered personal injury. The client circled the block to return to the scene of the accident. The client explained that she did not realize that a pedestrian was struck. The Commonwealth Attorney believed our client was in violation of the law. We disagreed and presented our case to the Judge. The Judge agreed with the defense and dismissed the case.
Leaving the Scene of an Accident Hit & Run in Richmond VA DISMISSED
Riley & Wells Attorneys-At-Law represented a client who was alleged to be in violation of the felony leaving the scene of an accident hit & run law in Richmond VA. The prosecution did not present evidence of personal injury and the evidence of property damage did not prove damage over $1000. Our attorneys believed the Circuit Court trial judge misapplied the law when he found our client guilty. The case was appealed to the Court of Appeals where our client was acquitted and the case was dismissed. See case file.
Hit and Run Accident Client Reviews
Hit and Run Accident Investigation Representation
Police departments will investigate traffic accidents that involve a party that leaves the scene. In some cases, an independent witness or the alleged victim driver will observe the license plate number of the fleeing vehicle. Some cases may involve a description of the driver. Video evidence may exist in some cases. These investigations almost always start with the police making contact with the owner of the vehicle. CAUTION: Law enforcement officers are trained professionals. Speaking with the police about a hit and run incident without first consulting a lawyer who regularly represents clients in this area can be a huge mistake.
Accidents involving an Occupied Vehicle
If the other vehicle involved in the accident is occupied, then Virginia State law requires you to immediately stop as close to the scene of the accident as possible without obstructing traffic and report your name, address, driver’s license number, and vehicle registration number to the State Police or local law-enforcement agency, to the person, struck and injured if such person appears to be capable of understanding and retaining the information, or to the driver or some other occupant of the vehicle collided with or to the custodian of other damaged property. You are also required to render reasonable assistance to any person injured in the accident, including taking the injured person to a hospital if it is apparent that medical treatment is necessary or it is requested by the injured person.
If you fail to do as required by law, then it is a Class 5 felony if (1) the accident results in personal injury or death to any person, or (2) if the accident results in more than $1000 of damage to property. It is very easy to cause at least $1000 in damage based on the repair costs of modern automobiles. It is a Class 1 misdemeanor criminal offense if the accident results in damage less than $1000.
Accident Involving Unoccupied Vehicle
If you are involved in a single-car collision with an unoccupied motor vehicle or other unattended property state law requires you to make a reasonable effort to find the owner or custodian of such property and shall report your name, address, driver’s license number, and vehicle registration number if you can locate him or her. However, if the owner or custodian cannot be found, the driver shall leave a note or other sufficient information including driver identification and contact information in a conspicuous place at the scene of the accident and shall report the accident in writing within 24 hours to the State Police or the local law-enforcement agency.
The note must contain your name, address, driver’s license number, and vehicle registration. The written report State Police or the local law-enforcement agency must, in addition, state the date, time, and place of the accident and the driver’s description of the property damage.
If you have been arrested or charged with a Hit and Run accident, then you need a skilled Virginia Hit and Run Lawyer to successfully defend you with professionalism. We work hard to protect your rights and obtain the best possible result for you. Do not lose the opportunity to defend yourself.
Contact us about YOUR case for a free initial consultation!
By Mitch Wells 11/10/2015 | Updated 3/12/2018