The Law Blog of Oklahoma

What are the Consequences of a Hit and Run Accident?

Friday, June 12, 2015

Earlier this week, a 72-year-old man was watering his flowers while his wife of 37 years gardened nearby. As the couple were working in their own yard,an SUV crashed directly into the man beforespeeding off down the street. Although the man's wife was unable to get the vehicle's tag number, a neighbor got a description of the vehicle whilethe woman tended to her husband and called 9-1-1.

The collision left behind the side mirror and part of the headlight of a gold Ford SUV. It also left the man in the hospital with multiple fractures, includinga skull fracture, several broken facial bones, and "several broken bones in his face, a cracked skull and multiple hip fractures in his right hip.He is also suffering internal bleeding. Fortunately, the man is expected to recover from his injuries and has been moved from the ICU at a local hospital.

Oklahoma City police are asking anyone with information about the hit and run driver to call Crime Stoppers at 405-235-7300.

The consequences of a hit and run accident for the person struck are clear. Severe, even catastrophic injuries can result whether the accident involvesa pedestrian, a bicyclist, a motorcycle rider, or even another vehicle. However, the hit and run driver seldom remains anonymous and also faces significantconsequences.

Typically, when a driver causes an accident and then flees the scene, he or she does so out of fear. Typically, this means that the driver was doing somethinghe or she should not have been doing when the accident occurred, and is trying to escape the consequences. A driver may have been distracted or mayhave been driving under the influence of drugs or alcohol. The driver might not have a valid license or may be uninsured. He or she may have outstandingwarrants and is trying to keep from being arrested by police. The driver may be afraid of criminal prosecution or civil litigation following an accident,and drives away hoping to avoid the fallout.

However, most hit and run drivers will eventually be caught, and when they are, they often face much more serious charges as a result of leaving the sceneof the accident.

Under Oklahoma law, anyone involved in an accident has a duty to render aid to someone injured in the accident (47 O.S. � 10-104).He or she is required to remain at the scene and give accurate identification. If the person causes an accident resulting in great bodily injuryor death, he or she is required to submit to blood alcohol testing for DUI. Giving false identifying information is penalized the same as leaving thescene of the accident.

The penalties for leaving the scene of an accident vary depending on whether the accident resulted in property damage only, injury to a person, or fatality:

  • Damage to vehicle only: If a person leaves the scene of an accident involving vehicle damage only, he or she is guilty of a misdemeanor punishableby up to one year in jail and a fine of up to $500. Furthermore, the person may be ordered in a civil judgment to pay damages three timesgreater than the actual damages incurred in the accident.
  • Nonfatal injury: Failure to stop at the scene of an accident involving nonfatal injury is a felony punishable by 10 days to 2 years in prisonand a fine ranging from $50 to $1000. A hit and run driver involved in an injury accident will also have his or her driver's license revoked.
  • Fatality: If a driver is involved in a fatal accident and fails to remain at the scene, he or she is guilty of a felony punishable by one to10 years in prison and a fine ranging from $1,000 to $10,000. The hit and run driver's license will be revoked.

Learn more about personal injury representation and criminal defense in Oklahoma.

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