Leaving the Scene of an Accident

      

     Its very common to feel overwhelmed, sorrowful, anxious, upset, angry, or scared after experiencing an accident. For many people, they begin to not think straight. However, its a time to stay put and not leave the scene until information has been exchanged. 

        The law in Idaho breaks the offense of leaving the scene down into a few separate categories....

1. Accidents involving other attended vehicle's. [I.C. 49-1301] 

2. Accidents involving unattended vehicles. [I.C. 49-1303]

3. Accidents involving fixtures upon or adjacent to highways. [I.C. 49-1304]

    You responsibility to report an accident as a driver depends on which three of these categories you fall into. 

1. Accidents involving other attended vehicles. This applies to vehicles that are occupied by other people. If it is a single vehicle accident where you hit an unattended car, fixture, or a piece of property, it is not covered by this requirement. If you do get in a car accident with a vehicle attended by other people, you must stay on scene and exchange information on the spot. You must give your name, address, and if available proof of a drivers license, proof of registration, and insurance to the person you struck or were colliding with. If the police arrive they may ask for this information to process the accident. 

2. Accidents involving other unattended vehicles. If you hit a vehicle that is not being attended by another person, meaning no one was in it, you still must stop and remain at the scene. The duty of the driver is to try and find the owner of the vehicle you struck or alternatively leave "written notice" or a note regarding your information. Name, telephone number, address, proof of insurance or registration if appliable. 

3. Accidents involving fixtures. You must try and take steps to notify the owner of the property of the damage to their property. You should exchange the name, address, insurance, and registration number. If the damage is up to $1,500 you should always notify local law enforcement. You should also still try and notify the owner of the property. In that scenario it is not required you remain at the scene, but it is highly advisable.  

COMMON DEFENSES

1. It was a single car accident and therefore you didn't have to remain at the scene. 

2. It involved an unattended vehicle and you left your information in writing after trying to find the owner of the property.  

3. The property was over $1,500 and you gave notice to local law enforcement but didn't remain at the scene. 

4. You hit a fixture and you didn't report it to law enforcement immediately but did later when you could. 

5. You were unaware that you were in a car accident. You thought you avoided the crash and you didn't report it. Knowing that you are in a car accident is an essential element of the charged offense. State v. Parish, 79 Idaho 75, 310 P. 2d 1082 (1957). 

6. You were in a car accident and you exchanged information but law enforcement arrived and you were there. This complies with the rule since its all about exchanging information. 

FINAL WORD

If you or a loved one was involved with leaving the scene of an accident please hire an experienced criminal defense attorney. Our firm performs free consultations. To obtain this consultation you can ask for a consult in writing through our website by clicking here or by setting up an appointment and calling 208-230-9983. We look forward to helping you!