The Real Consequences of Hit and Run | Howard Lewis & Petersen


From Fender Benders to Felonies: The Real Consequences of Hit and Run

Introduction

You’re driving through a grocery store parking lot. While turning into a space, you clip the corner of a parked car and scrape its bumper. You realize you caused damage but you’re in a hurry, so you leave without leaving a note or attempting to contact the owner.

Perhaps you’re driving late at night and accidentally hit a bicyclist riding on the shoulder. The bicyclist falls and is clearly hurt. Instead of stopping and calling 911, you panic and flee the scene.

Whatever the situation it is it can lead to some significant criminal liability. Below are some of the actions that the State of Utah can pursue.


Ways You Can Be Charged with “Hit-and-Run”

1) Leaving the Scene of an Accident that Caused Only Property Damage

Under Utah Code Section 41-6a-401, it is a Class B Misdemeanor if you failed to stop, exchange information, or otherwise comply after a crash that only damaged property.

Penalties:

  • Maximum fine of $1,000

  • Restitution to the victim

  • Up to 6 months in jail

  • See Utah Code Section 76-3-204 and 76-3-301


2) Leaving the Scene of an Accident that Caused Non-Serious Injury

If the crash resulted in an injury that would be considered non-serious, or if you failed to provide required aid/information before leaving, the offense is more serious. This is often a Class A Misdemeanor under Utah Code Section 41-6a-401.3.

Penalties:

  • Maximum fine of $2,500

  • Restitution to the victim

  • Up to 364 days in jail

  • See Utah Code Section 76-3-204 and 76-3-301


3) Leaving the Scene of an Accident that Caused Serious Bodily Injury or Death

If the injury is determined as serious bodily injury, the crime is elevated to a Third-Degree Felony under Utah Code Section 41-6a-401.3.

Similarly, if the accident results in a death, Utah Code Section 41-6a-401.5 states that the driver committed a Third-Degree Felony.

Penalties:

  • 0–5 years in prison

  • Restitution to the victim

  • Maximum fine of $5,000

  • See Utah Code Section 76-3-204 and 76-3-301


4) Evading or Fleeing a Peace Officer

If you see police and flee, this can be charged under Utah’s fleeing/evading statutes and will add separate criminal exposure. See Utah Code Section 41-6a-210. This is a distinct crime from the ones listed above but is commonly charged with hit-and-run facts.

This can be charged as a Third-Degree Felony or a Second-Degree Felony depending on the facts and circumstances.

Additional Consequences:


Conclusion

Whether it was minor property damage or severe bodily injury, you will need an experienced criminal defense attorney that can handle any hit-and-run situation.

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📧 Email: [email protected]

Learn More About Utah Accident Lawyer Jake Gunter

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