Is a hit and run a felony in Pennsylvania?
In Pennsylvania, the consequences of failing to stop and render aid after a motor vehicle accident can be severe. Here, we’ll explore what constitutes a hit and run, the penalties for it, and whether it is a felony in the Keystone State.
What Constitutes a Hit and Run in Pennsylvania?
Hit and Run – also known as Felony Hit and Run, Accident Involving Death or Injury While Not in Compliance with Requirements as to Report, or simply Accident Involving Death or Injury
In Pennsylvania, a hit and run occurs when you are involved in a vehicle accident, and you don’t stop and provide basic information to the other party, as required by Pennsylvania Statute, Title 75, Ch. 37, Subdivision 2711 [1]. This includes when you fail to:
- Stop at the accident scene
- Provide proper identification
- Stay at the scene until medical help is provided, the police arrive, or if you are injured
- Notify the police without delay
Penalties for Hit and Run
The penalties for hit and run in Pennsylvania vary based on the severity of the accident and the number of people injured or killed [2]. Here are some possible penalties:
- If no one is injured in the accident:
- Summary offense: Can result in a fine not exceeding $200 and costs
- DUI-related hit and run: Can result in enhanced penalties, including a more severe fine and possible ignition interlock device (ICD) installation
- If someone is injured in the accident:
- Misdemeanor offense: Can result in up to 5 years of imprisonment, a fine not exceeding $1,000, and 30 to 90 hours of community service
- If someone is killed in the accident:
- Felony offense (see below)
Is a Hit and Run a Felony in Pennsylvania?
Yes, hit and run resulting in death is a felony in Pennsylvania (18 Pa.C.S. § 3738) [3]. It is considered a Category 3 Felony [4], which means it is punishable by 3 to 7 years of imprisonment, a fine not exceeding $5,000, and may also include a $1,000 to $5,000 fine surcharge.
Exemptions and Defenses
There are some scenarios where you may not face charges for hit and run:
- Accidents involving no injuries or minimal damage: If the impact was minor and no injuries occurred, you may escape charges
- Imminent danger: If the scene was unsafe, or you feared for your own safety, you may provide a valid defense
- Police investigation: Police may have already responded or been called to the accident scene, which could indicate that the incident was reported and you are not at fault
- Other extenuating circumstances: Each situation is unique, and relevant factors like weather, animal involvement, or mechanical malfunctions might be considered.
Conclusion
In conclusion, hit and run laws in Pennsylvania are in place to protect the public’s safety and ensure that irresponsible driving is not tolerated. While a hit and run can be a serious crime, it is essential to understand the specific circumstances, penalties, and exemptions for each case. If you are facing charges for a hit and run, or if you have been accused of a hit and run, consult with an attorney to ensure your rights and interests are protected.
References:
[1] Pennsylvania Statute [2] Pennsylvania Department of TransportationTable
| Severity of Accident | Penalty |
|---|---|
| No Injury | Summary offense or possible DUI-related hit and run |
| Injury | Misdemeanor offense up to 5 years’ imprisonment and $1,000 fine |
| Fatal | Felony offense: 3-7 years’ imprisonment, $5,000 fine, $1,000 to $5,000 fine surcharge |
Bulleted List
• Required actions in a hit and run:
- Stop at the accident scene
- Provide proper identification
- Stay at the scene until medical help is provided, the police arrive, or if you’re injured
- Notify the police without delay
• Penalties for a hit and run:
- Summary offense
- Misdemeanor offense
- Felony offense (in severe cases)
