Leaving the Scene of an Accident Causing Personal Injury

The purpose of this statute is to enable anyone who has been injured by a motor vehicle to obtain immediate and accurate information about the person in charge of that motor vehicle. It imposes an active and positive duty on the driver to immediately stop at the scene and offer the specific information required, in order to identify him/her and to make it simple to find him/her later.

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Leaving the scene of an accident that causes either personal injury or property damage is tricky to deal with. Here is what you need to know:

Personal Injury

The statute requires that the specified information must be given to the person who has been injured, if reasonably possible, and if not, to someone acting in their interest or to some public officer or other person at or near the place at the time of the injury.

In order to convict a person of this offense, the Commonwealth must prove four things beyond a reasonable doubt:

  1. That the defendant operated a motor vehicle;
  2. That he/she operated it (on a way) or (in a place where the public has a right of access) or (upon a way or in a place where members of the public have access as invitees or licensees);
  3. That the defendant knowingly collided with or otherwise injured another person; and
  4. That after such collision or injury, the defendant did not stop and make known his/her name, home address, and the registration number of his/her motor vehicle.
     

Property Damage

In order to convict someone of leaving the scene of an accident causing property damage, the Commonwealth must prove four things beyond a reasonable doubt:

  1. That the defendant operated a motor vehicle;
  2. That while the defendant was operating the vehicle, he/she caused damage to another vehicle or property either by colliding with it or in some other way;
  3. That the defendant knew he/she (had collided with another’s property) or (had in some way caused damage to another’s property); and
  4. That after causing such damage, the defendant did not stop and make known his/her name, home address, and the registration number of his/her motor vehicle

 

If You Have Been Charged With Leaving the Scene of an Accident Causing Personal Injury or Property Damage

If you have been charged with Leaving the Scene of an Accident Causing Personal Injury, call McCormack Law today to begin preparing your defenses.

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