Leaving the Scene of an Accident in Massachusetts: What You Need to Know

Leaving the Scene of an Accident is a serious offense under Massachusetts General Laws Chapter 90, Section 24. The statute requires drivers involved in any accident to stop and provide their information to the affected parties. Failing to do so can lead to criminal charges, significant penalties, and potentially losing driving privileges. Defense Attorney Adela Aprodu offers experienced defense for clients facing these charges, helping them understand the legal process and protect their rights.

Massachusetts law recognizes three types of “leaving the scene” offenses, each with distinct elements and penalties based on the severity of the incident:

1. Leaving the Scene of Property Damage

If you are involved in an accident causing damage to property—whether it’s another vehicle or something else—and you do not provide your information, you may be charged with Leaving the Scene of Property Damage. The prosecution must prove the following five elements beyond a reasonable doubt:

1. Operation of a Motor Vehicle
   The prosecutor must show that the defendant operated a motor vehicle at the time of the accident.

2. On a Public Way
   The operation must occur on a public way, as defined throughout Chapter 90. This includes roads, highways, or any area open to public access.

3. Collision with Property
   The prosecution must prove that the defendant’s vehicle collided with another vehicle or property, causing damage.

4. Knowledge of the Collision
   It must be established that the defendant knew about the collision or damage. Lack of knowledge, such as in the case of a minor bump or scrape that the driver was unaware of, can serve as a defense.

5. Failure to Stop and Provide Information
   After the collision, the defendant must have failed to stop and provide their name, address, and vehicle registration number. Massachusetts law imposes an affirmative duty to make oneself known to the owner of the damaged property.

Penalties for leaving the scene of property damage include:

• Fine: Between $20 and $200
• Jail Time: Between 2 weeks and 2 years

2. Leaving the Scene of Personal Injury Not Resulting in Death

If the accident involves injury to another person but does not result in death, the offense is elevated to Leaving the Scene of Personal Injury Not Resulting in Death. This charge builds upon the property damage offense but adds the element of personal injury.

To convict someone of this crime, the prosecution must prove the same elements as above, with the addition that the accident caused injury to another person. This could include injuries to another driver, passenger, pedestrian, or cyclist.

Penalties for leaving the scene of an accident involving personal injury (not resulting in death) include:

• Fine: Between $500 and $1,000
• Jail Time: Between 6 months and 2 years

3. Leaving the Scene of Personal Injury Resulting in Death

The most severe form of this offense is Leaving the Scene of Personal Injury Resulting in Death. This charge applies if the accident results in the death of another person, and the defendant left the scene to avoid prosecution or evade apprehension. This crime is classified as a felony, and Massachusetts district courts do not have jurisdiction over this charge due to its severity.

To convict someone of this offense, the prosecution must prove the same elements as the previous offenses, with two critical differences:

1. Death of Another Person
   The accident must have resulted in the death of a person, elevating the seriousness of the crime.

2. Intent to Evade Prosecution or Apprehension
   The prosecution must show that the defendant left the scene to avoid prosecution or evade apprehension, demonstrating an intent to escape consequences.

Penalties for leaving the scene of an accident involving death include:

• Fine: Between $1,000 and $5,000
• State Prison Sentence: Between 2 ½ to 10 years, or 1 to 2 ½ years in jail for cases handled outside of state prison. There is also a mandatory minimum sentence of 1 year.

The Purpose of the Law

This statute serves two main purposes:

1. Immediate Access to Driver Information: The law ensures that anyone whose property or person is impacted by a motor vehicle accident can obtain the necessary information about the other driver, including their name, address, and vehicle registration. This requirement is designed to facilitate timely communication and provide a basis for addressing damages.

2. Deterring Drivers from Fleeing: Many drivers flee the scene to avoid prosecution for other offenses, such as Operating Under the Influence (OUI)]. The law deters individuals from leaving the scene by imposing strict penalties, aiming to prevent hit-and-run incidents, particularly those involving intoxicated drivers.

Consequences of Leaving the Scene of an Accident

Aside from the immediate legal penalties, a conviction for leaving the scene can have other severe consequences:

• Driver’s License Suspension: The Massachusetts Registry of Motor Vehicles (RMV) will suspend the driver’s license of anyone convicted of leaving the scene after an accident involving property damage, personal injury, or death.
• Increased Insurance Premiums: A conviction for leaving the scene may result in increased car insurance premiums or the cancellation of your policy.
• Criminal Record: A conviction for any of these offenses creates a permanent criminal record, potentially impacting employment, housing, and other opportunities.

How Defense Attorney Adela Aprodu Can Help

When facing a charge of leaving the scene, having a knowledgeable defense attorney is essential. Defense Attorney Adela Aprodu provides a strategic and comprehensive defense, leveraging her expertise to challenge the prosecution’s case and work toward a favorable outcome. Her approach includes:

• Questioning Knowledge of the Collision: Attorney Aprodu carefully examines whether the defendant knew they had caused damage or injury. This is especially relevant in cases involving minor property damage where the defendant may not have realized they had struck another vehicle or object.

• Presenting Evidence of Compliance: In some cases, the defendant may have attempted to stop or provide information but was unable to do so. Attorney Aprodu highlights any evidence showing the defendant’s effort to comply with the law, potentially mitigating the charge.

• Arguing Against Intent to Evade: For charges involving death, Attorney Aprodu challenges the claim that the defendant left the scene to evade prosecution. She presents evidence that suggests the defendant’s departure was not due to an intent to escape legal consequences.

• Advocating at Clerk Magistrate Hearings: For cases involving property damage or minor injury, Attorney Aprodu represents clients at Clerk Magistrate Hearings, where she argues for dismissal of the complaint to prevent formal charges from moving forward.

Related Motor Vehicle Offenses in Massachusetts

Leaving the scene of an accident often intersects with other motor vehicle crimes in Massachusetts. Here are some related offenses that may accompany or overlap with leaving the scene charges:

• Operating Recklessly: This offense involves driving with a disregard for the safety of others and may be charged alongside leaving the scene if the driver’s actions were especially dangerous.
• Operating Under the Influence (OUI): If a driver is suspected of being intoxicated at the time of the accident, they may face both OUI and leaving the scene charges.
• Operating After Suspension: Driving with a suspended or revoked license is a separate crime and may accompany a leaving-the-scene charge if the driver was not legally permitted to drive.
• Use of a Vehicle Without Authority: This charge applies if the vehicle was used without the owner’s permission, adding an additional layer of criminal responsibility.

Understanding these related offenses is crucial, as multiple charges are often filed together. Defense Attorney Adela Aprodu provides a cohesive defense strategy to address all related charges, ensuring a comprehensive approach to each case.

Conclusion

Leaving the scene of an accident is a serious offense in Massachusetts, with penalties that can impact your freedom, driving privileges, and future. Having Defense Attorney Adela Aprodu by your side provides the skilled legal defense needed to protect your rights and pursue a favorable outcome. Contact Defense Attorney Aprodu today to discuss your case, explore your defense options, and take the first step toward resolving your charges effectively.