Hit and Run offenses are very common and can be very serious criminal traffic offenses in the State of Washington. Depending on the circumstances the consequences can range from long term jail and license suspensions to significant civil damages. If you have been arrested or believe you could be charged with a hit and run offense, contact one of our attorneys as soon a possible. See below for complete discussions on the different Hit and Run offenses and consequences.
Hit and Run of an Unattended Vehicle
In Washington, any driver who is involved in a collision with an unattended vehicle has a duty to provide the owner of that vehicle with his contact information. If the vehicle's owner can not be located, the driver has a duty to leave his contact information on the struck vehicle. Failure to do these things constitutes a simple misdemeanor punishable by up to 90 days in jail and a $1,000.00 fine. Restitution to the victim is likely as well.
What makes this charge unique among criminal offenses in Washington is that it has the potential to be resolved civilly rather than criminally. It takes willingness on the part of the court and the victim, but in our experience, the vast majority of Hit and Run Unattended charges can be resolved in this manner. Time is usually of the essence however. If you have been charged with Hit and Run of and unattended vehicle in Washington, call us as soon as possible. One of our Washington Hit and Run Lawyers will help you determine the best way the avoid criminal prosecution.
RCW 46.52.010 - Duty on striking unattended car or other property – Penalty.
(1) The operator of any vehicle which collided with any other vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the operator and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice, giving the name and address of the operator and of the owner of the vehicle striking such other vehicle.
(2) The driver of any vehicle involved in an accident resulting only in damage to property fixed or placed upon or adjacent to any public highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of the name and address of the operator and owner of the vehicle striking such property, or shall leave in a conspicuous place upon the property struck a written notice, giving the name and address of the operator and of the owner of the vehicle so striking the property, and such person shall further make report of such accident as in the case of other accidents upon the public highways of this state.
(3) Any person violating this section is guilty of a misdemeanor.
[2003 c 53 § 241; 1979 ex.s. c 136 § 79; 1961 c 12 § 46.52.010. Prior: 1937 c 189 § 133; RRS § 6360-133; 1927 c 309 § 50, part; RRS § 6362-50, part.]
Notes:
Rules of court: Bail in criminal traffic offense cases -- Mandatory appearance -- CrRLJ 3.2.
Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.
Effective date -- Severability -- 1979 ex.s. c 136: See notes following RCW 46.63.010.
Arrest of person violating duty on striking unattended vehicle or other property: RCW 10.31.100.
Hit and Run Property Damage
In Washington, any driver who is involved in a collision with another's property and causes damage has a duty to provide the owner of that property with his contact information. If the property's owner can not be located, the driver has a duty to leave his contact information on the damaged property. Failure to do these things constitutes a simple misdemeanor punishable by up to 90 days in jail and a $1,000.00 fine. Restitution to the victim is likely as well.
What makes this charge unique among criminal offenses in Washington is that it has the potential to be resolved civilly rather than criminally. It takes willingness on the part of the court and the victim, but in our experience, the vast majority of Hit and Run Property Damage charges can be resolved in this manner. Time is usually of the essence however. If you have been charged with Hit and Run Property Damage in Washington, or think that you might be. Call us as soon as possible. One of our Washington Hit and Run Lawyers will help you determine the best way to avoid criminal prosecution.
RCW 46.52.010 - Duty on striking unattended car or other property – Penalty.
(1) The operator of any vehicle which collided with any other vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the operator and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice, giving the name and address of the operator and of the owner of the vehicle striking such other vehicle.
(2) The driver of any vehicle involved in an accident resulting only in damage to property fixed or placed upon or adjacent to any public highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of the name and address of the operator and owner of the vehicle striking such property, or shall leave in a conspicuous place upon the property struck a written notice, giving the name and address of the operator and of the owner of the vehicle so striking the property, and such person shall further make report of such accident as in the case of other accidents upon the public highways of this state.
(3) Any person violating this section is guilty of a misdemeanor.
[2003 c 53 § 241; 1979 ex.s. c 136 § 79; 1961 c 12 § 46.52.010. Prior: 1937 c 189 § 133; RRS § 6360-133; 1927 c 309 § 50, part; RRS § 6362-50, part.]
Notes:
Rules of court: Bail in criminal traffic offense cases -- Mandatory appearance -- CrRLJ 3.2.
Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.
Effective date -- Severability -- 1979 ex.s. c 136: See notes following RCW 46.63.010.
Arrest of person violating duty on striking unattended vehicle or other property: RCW 10.31.100.
Hit and Run of an Attended Vehicle
In Washington, any driver who is involved in a collision with an attended vehicle has a duty to provide the driver or other occupant of that vehicle with his name, address, vehicle and insurance information. Failure to do these things constitutes a gross misdemeanor punishable by up to 365 days in jail and a $5,000.00 fine. Restitution to the victim is likely as well. An inherent danger with this offense is that it could become a Felony Hit and Run if there is an injury to the occupant of the other vehicle. Another important consideration is that even if a person does not cause the accident, he could be charged with Hit and Run of an Attended Vehicle if he does not comply with these requirements.
A conviction for Hit and Run of an Attended Vehicle carries a mandatory license suspension of one year. It also considered a major moving violation for purposes of the Habitual Traffic Offender statute.
Despite the very serious nature of this offense and the drastic consequences that could follow, if handled properly it is possible, if not likely that the case could be handled by way of a civil compromise between the parties. The result would mean a dismissal of the case. If you are in this situation do not hesitate to contact a Washington lawyer experienced with Hit and Run cases as soon as possible. Call or email one of our Washington Hit and Run Lawyers to help you determine the best way to avoid criminal prosecution.
RCW 46.52.020 - Duty incase of personal injury or death or damages to attended vehicle or other property - Penalties.
(1) A driver of any vehicle involved in an accident resulting in the injury to or death of any person or involving striking the body of a deceased person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to, and in every event remain at, the scene of such accident until he or she has fulfilled the requirements of subsection (3) of this section; every such stop shall be made without obstructing traffic more than is necessary.
(2)(a) The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person or damage to other property must move the vehicle as soon as possible off the roadway or freeway main lanes, shoulders, medians, and adjacent areas to a location on an exit ramp shoulder, the frontage road, the nearest suitable cross street, or other suitable location. The driver shall remain at the suitable location until he or she has fulfilled the requirements of subsection (3) of this section. Moving the vehicle in no way affects fault for an accident.
(b) A law enforcement officer or representative of the department of transportation may cause a motor vehicle, cargo, or debris to be moved from the roadway; and neither the department of transportation representative, nor anyone acting under the direction of the officer or the department of transportation representative is liable for damage to the motor vehicle, cargo, or debris caused by reasonable efforts of removal.
(3) Unless otherwise provided in subsection (7) of this section the driver of any vehicle involved in an accident resulting in injury to or death of any person, or involving striking the body of a deceased person, or resulting in damage to any vehicle which is driven or attended by any person or damage to other property shall give his or her name, address, insurance company, insurance policy number, and vehicle license number and shall exhibit his or her vehicle driver's license to any person struck or injured or the driver or any occupant of, or any person attending, any such vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician or hospital for medical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person or on his or her behalf. Under no circumstances shall the rendering of assistance or other compliance with the provisions of this subsection be evidence of the liability of any driver for such accident.
(4)(a) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of the requirements of subsection (3) of this section in the case of an accident resulting in death is guilty of a class B felony and, upon conviction, is punishable according to chapter 9A.20 RCW.
(b) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of the requirements of subsection (3) of this section in the case of an accident resulting in injury is guilty of a class C felony and, upon conviction, is punishable according to chapter 9A.20 RCW.
(c) Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of the requirements of subsection (3) of this section in the case of an accident involving striking the body of a deceased person is guilty of a gross misdemeanor.
(d) This subsection shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying with this section.
(5) Any driver covered by the provisions of subsection (2) of this section failing to stop or to comply with any of the requirements of subsection (3) of this section under said circumstances shall be guilty of a gross misdemeanor: PROVIDED, That this provision shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying herewith.
(6) The license or permit to drive or any nonresident privilege to drive of any person convicted under this section or any local ordinance consisting of substantially the same language as this section of failure to stop and give information or render aid following an accident with any vehicle driven or attended by any person shall be revoked by the department.
(7) If none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (3) of this section, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (1) and (3) of this section insofar as possible on his or her part to be performed, shall forthwith report such accident to the nearest office of the duly authorized police authority and submit thereto the information specified in subsection (3) of this section.
[2002 c 194 § 1; 2001 c 145 § 1; 2000 c 66 § 1; 1990 c 210 § 2; 1980 c 97 § 1; 1979 ex.s. c 136 § 80; 1975-'76 2nd ex.s. c 18 § 1. Prior: 1975 1st ex.s. c 210 § 1; 1975 c 62 § 14; 1967 c 32 § 53; 1961 c 12 § 46.52.020; prior: 1937 c 189 § 134; RRS § 6360-134; 1927 c 309 § 50, part; RRS § 6362-50, part.]
Notes:
Rules of court: Bail in criminal traffic offense cases -- Mandatory appearance -- CrRLJ 3.2.
Effective date -- 1980 c 97: "This 1980 act shall take effect on July 1, 1980." [1980 c 97 § 3.]
Effective date -- Severability -- 1979 ex.s. c 136: See notes following RCW 46.63.010.
Severability -- 1975 c 62: See note following RCW 36.75.010.
Arrest of person violating duty in case of injury to or death of person or damage to attended vehicle: RCW 10.31.100.
Felony Hit and Run
A Felony Hit and Run can be charged when the elements of Hit and Run of an Attended Vehicle are present AND the driver or passenger of the other vehicle suffers injury or death. As with Hit and Run Attended, you can be charged even if the accident was not your fault. As a felony, it is one of the most serious Washington criminal traffic offenses and can result in actual prison time.