Imagine being involved in a car accident, panic sets in, confusion follows, and before you know it, you drive away. Many people who leave an accident scene do not do so out of guilt or malice, but rather out of fear. Unfortunately, Indiana law takes this offense extremely seriously. Leaving the scene of an accident, often referred to as a hit and run, can lead to life-changing criminal penalties.
At Eskew Law, we understand that mistakes happen in moments of stress. Our goal is to ensure that one decision does not define the rest of your life. As attorney Chris Eskew explains, “We focus on the why, understanding what led to the incident, and we build a defense that protects both your legal and personal future.”
What Indiana Law Says About Leaving the Scene
Under Indiana Code § 9-26-1-1.1, any driver involved in an accident that results in property damage, injury, or death has a legal obligation to stop immediately at or near the scene and provide information or assistance.
This includes:
- Providing your name, address, and vehicle registration.
- Offering aid to anyone injured.
- Contacting law enforcement if the accident causes injury or death.
Failing to meet these obligations can result in misdemeanor or felony charges, depending on the severity of the accident.
The Levels of Offense
The seriousness of a leaving-the-scene charge depends on the extent of damage or injury involved.
1. Property Damage Only
If the crash only results in property damage and the driver leaves the scene, the offense is generally classified as a Class B misdemeanor, punishable by up to 180 days in jail and fines of up to $1,000.
2. Accident Involving Injury
If someone is injured, the offense can be elevated to a Level 6 felony, carrying a prison term of six months to two and a half years and fines of up to $10,000.
3. Accident Involving Serious Bodily Injury or Death
When serious injury or death occurs and the driver fails to stop, the offense becomes far more severe, a Level 4 felony, punishable by two to twelve years in prison.
If intoxication or impaired driving is involved, the penalties may increase even further, as courts view this as an aggravating factor.
Why Drivers Leave the Scene
Understanding why someone might leave the scene of an accident is crucial in shaping a strong defense. Many drivers act out of fear, confusion, or misunderstanding rather than criminal intent. Common reasons include:
- Panic or shock: The stress of an accident can cause irrational decision-making.
- Unawareness: Some drivers are unaware that they have caused an accident, especially in minor collisions.
- Fear of legal trouble: Drivers with suspended licenses, outstanding warrants, or prior offenses may flee to avoid arrest.
- Intoxication or impairment: Some drivers flee to avoid being charged with DUI-related offenses.
Chris Eskew and his team at Eskew Law take time to understand the human element of each case. As he often tells clients, “We do not just defend a charge, we defend the person behind it.”
Possible Defenses to a Hit-and-Run Charge
A strong legal defense depends on the specific facts of your case. Some potential defenses include:
1. Lack of Knowledge
If the driver genuinely did not know an accident occurred, such as a minor bump in traffic or limited visibility, a defense attorney can argue there was no intent to flee.
2. Medical Emergency or Duress
If you left the scene due to a medical condition, injury, or immediate danger, this may serve as a legal justification.
3. Mistaken Identity
In some cases, law enforcement may accuse the wrong person due to unclear witness statements or incomplete vehicle descriptions.
4. No Injury or Damage Proven
If the state cannot prove that injury or damage actually occurred, the charge may be reduced or dismissed.
A skilled criminal defense lawyer in Indianapolis can evaluate the circumstances and craft a defense strategy tailored to the facts of your situation.
The Long-Term Consequences
Beyond criminal penalties, leaving the scene of an accident can cause lasting harm to your life. Consequences may include:
- Driver’s license suspension or revocation
- Increased auto insurance rates or loss of coverage
- Difficulty finding employment due to a felony record
- Permanent criminal record, which can affect housing, education, and travel
- Emotional and reputational damage within your community
These outcomes underscore the importance of having immediate and experienced legal representation. A proactive defense can prevent formal charges, reduce penalties, or even secure a dismissal.
How Law Enforcement Investigates
Police often rely on witness statements, traffic cameras, and vehicle damage reports to identify suspected hit-and-run drivers. Investigators may visit body shops, review surveillance footage, or use license plate readers to track vehicles leaving the area.
However, these investigative methods are not foolproof. Misidentification and procedural errors are common. At Eskew Law, we carefully review every aspect of the state’s evidence,
ensuring your rights are respected at every step.
What to Do If You Are Accused
If you have been accused of leaving the scene of an accident, here is what you should do immediately:
- Do not speak to police without legal counsel. Anything you say can be used against you.
- Document everything. Write down what happened while it is fresh in your mind.
- Contact an attorney as soon as possible. Early intervention can help protect your driving privileges and legal rights.
- Do not attempt to contact victims or witnesses. This could complicate your case or appear as witness tampering.
An experienced Indianapolis, IN defense attorney can communicate with law enforcement on your behalf and guide you through the process strategically.
How Eskew Law Can Help
At Eskew Law, we take a personalized and aggressive approach to hit-and-run cases. Our team will:
- Conduct a detailed investigation into the accident and police procedures
- Identify inconsistencies or weaknesses in the state’s case
- Negotiate with prosecutors to reduce or dismiss charges when possible
- Defend you in court with professionalism and skill
Every case deserves attention, compassion, and diligence. You are not just a case file; you are a person with rights, and we are here to protect them.
Contact Eskew Law Today
Leaving the scene of an accident in Indiana carries serious criminal and personal consequences, but a single mistake should not define your life. With strong representation and strategic defense, you can take control of your future and work toward a fair outcome.
If you are facing hit-and-run allegations, do not wait. Contact Eskew Law today for a confidential consultation. Our team of dedicated attorneys will fight to protect your reputation, your freedom, and your future every step of the way.
