Although the term “hit and run” is somewhat self-explanatory, there’s more that goes into the crime than one might think. Obviously if you hit another vehicle or a person and fail to stop your car and survey the situation, you’re in violation of a hit and run, but ignorance is also not a valid excuse during a hit and run. We explain what we mean and what you need to do to avoid a hit and run charge in Minnesota in today’s blog.
Hit and Run in Minnesota
Under Minnesota law, any person involved in a motor vehicle accident is legally obligated to stop their vehicle as soon as safely possible and return to the scene of the accident. If injury occurs, the police should be called so a report can be written. If no injuries occur, but there’s damage to one or more vehicles, you can probably just settle the situation with the other party.
After an accident, you are legally required to give the following information to the police or the other parties involved:
- Name
- Address
- Date of birth
- Vehicle Registration
That’s all that is required, but if you’re going to file a claim or simply want to be thorough, you’ll also want to get the other driver’s license plate and the contact information for any witnesses.
But what happens if you strike an empty vehicle or a utility pole and nobody is around? When this happens, Minnesota law requires you to make “reasonable attempts” to contact the other party or the police. At a minimum, this means leaving your contact information on a note attached to the windshield, but even then it’s up to the court to determine if that attempt classifies as reasonable. You should leave a note and consider contacting authorities to report the incident. You should always contact authorities if you strike a light pole or a traffic sign so that the utility can be safely fixed.
Finally, it’s worth noting that ignorance is not a valid excuse. The onus is on the driver to stop and assess the scenario if there’s even the possibility that they struck another person or vehicle. If you get to court and say “I thought I hit a raccoon or a fallen tree branch, but I decided not to stop and look,” and it turns out your hurt a person or damaged their property, you’re not going to be found innocent. When in doubt, check it out.
Hit and Run Penalties in Minnesota
As you may have guessed, hit and run penalties depend on the factors involved in the incident. For example, a hit and run where a person is hurt or killed will involve harsher penalties than an accident where a driver damages a stop sign and doesn’t report the accident. However, both crimes still carry stiff penalties. Here’s a closer look at the penalties:
- Anybody who damages property or another vehicle and leaves the scene of an accident without reporting it is guilty of a misdemeanor, punishable by up to 90 days in jail and fines up to $1,000.
- Anybody who injures another person and leaves the scene of an accident without reporting it is guilty of a gross misdemeanor, punishable by up to one year in jail and fines up to $3,000.
- Anybody who causes great bodily harm to another driver and fails to stop and report the accident is guilty of a felony, punishable by up to two years in prison and fines up to $4,000. Great bodily harm is defined as creating a high probability of death, possible permanent disfigurement or the loss of a vital organ.
- Anybody who causes the death of another person and leaves the scene of an accident is guilty of a felony, punishable by up to three years in jail and fines up to $5,000, along with potential civil penalties.
Any potential penalties can be upgraded if it turns out that a driver was breaking the law or under the influence of alcohol or drugs at the time of the accident.
If you or someone you know has been charged with a hit and run crime, make sure you hire a criminal defense lawyer. The fallout from a hit and run charge can have long-ranging consequences, so don’t delay. Contact Avery Appelman today.
