A hit and run is one of the most serious traffic offenses in Maryland, serious enough that it can move a case from a civil matter into criminal court. Most car accident claims involve negligence and are civil in nature. When a driver makes the choice to leave the scene after a crash, that decision can become a crime. Maryland law is clear that drivers must stop, remain at the scene, and share information after a collision. This page explains when leaving the scene becomes a crime in Maryland, what penalties a driver can face, and what an injured victim can do.
Maryland Law Requires Drivers to Stop
The duty to stop after a crash comes from the Maryland Transportation Article. Under Transportation Article Section 20 102, a driver involved in an accident that results in bodily injury or death must immediately stop at the scene or as close to it as possible and remain there. Section 20 103 imposes the same duty to stop when the accident results only in damage to an attended vehicle or property. Section 20 104 then requires the driver to give their name, address, and vehicle registration, and to show their license on request, as well as to provide reasonable assistance to anyone who is injured.
These duties apply whether the crash is a major collision or a minor scrape. The obligation to stop and exchange information does not depend on who was at fault. A driver who leaves the scene without meeting these duties can be charged even if the other driver caused the crash.
When Leaving the Scene Becomes a Crime in Maryland
Whether a hit and run is a misdemeanor or a felony in Maryland depends on the harm involved. Leaving the scene of an accident that caused only property damage is generally a misdemeanor. Leaving the scene of an accident that caused bodily injury is a more serious misdemeanor. Leaving the scene of an accident that resulted in a death is the most serious charge and can be prosecuted as a felony. The key question under Maryland law is what the driver knew or should have known about the crash and the resulting harm, and whether the driver still failed to stop.
Penalties for a Maryland Hit and Run
The penalties for leaving the scene in Maryland increase with the seriousness of the harm. The ranges set out in the Transportation Article include the following.
- Leaving the scene of a property damage accident can carry a fine and up to sixty days in jail.
- Leaving the scene of an accident involving bodily injury can carry a larger fine and up to one year in jail.
- Leaving the scene of an accident that resulted in serious bodily injury can carry a longer term of incarceration.
- Leaving the scene of a fatal accident can be charged as a felony and can carry a multi year prison sentence and a substantial fine.
Beyond incarceration and fines, a hit and run conviction adds points to a Maryland driving record and can lead to license suspension. The exact penalty depends on the facts of the case and the driver’s record, so anyone facing these charges should get advice about how the specific provisions apply to them.
So Can You Go to Jail for a Hit and Run in Maryland
Yes. Depending on the circumstances, a hit and run in Maryland can result in jail or prison time. A property damage case can lead to a short jail term, while a case involving injury or death can lead to far longer incarceration. The possibility of jail is one reason these cases are taken so seriously by prosecutors and why the criminal and civil consequences often unfold at the same time.
The Civil Side of a Maryland Hit and Run
The criminal case is separate from your right to recover compensation. If you were injured by a driver who fled, you can still pursue a civil claim for your medical bills, lost wages, and other damages. When the fleeing driver is identified, you can bring a claim against that driver. When the driver is never found, your own uninsured motorist coverage may provide a source of recovery, since Maryland treats an unidentified hit and run driver similarly to an uninsured driver for coverage purposes. A lawyer can help you pursue both paths at once.
What to Do After a Maryland Hit and Run
If you are the victim of a hit and run, there are steps that protect both your safety and your claim. Call the police and report the crash so there is an official record. Write down anything you remember about the other vehicle, including make, color, and any part of the license plate. Look for witnesses and nearby cameras. Seek medical care even if you feel able to wait, because some injuries appear later. Then contact your insurer and a lawyer to discuss your options for recovery.
Speak to a Maryland Car Accident Lawyer
A hit and run leaves victims with injuries and unanswered questions, and the overlap of criminal and civil issues can be confusing. The team at Gelb and Gelb can help you understand your rights, pursue the compensation you are owed, and coordinate with law enforcement where needed. Call our office today for a free consultation at (202) 331-7227. You can also learn more on our Maryland hit and run accident lawyer page and our Maryland car accident lawyer page.
