Hit and Run, Leaving The Scene Of An Accident

     In a recent court case, the Idaho Court of Appeals tackled the issue of whether a person could be guilty for leaving the scene of an accident if the accident involved only property damage to the driver's vehicle.  In this case, the defendant's car slid off the road and hit a sign, causing damage to his vehicle.  Two witnesses reported the accident and law enforcement cited the driver for failure to remain at the scene and report the accident.  The defendant challenged the citation, arguing that he was not required to remain at the scene since the accident did not involve another vehicle.

     The Court looked at the language of Idaho Code 49-1301 and found that the requirement to remain at the scene and provide the driver's information applied when the driver hit another vehicle that was attended by someone.  Since the defendant did not hit another "attended" vehicle, the defendant's duty to remain at the scene and report did not arise.

     While the defendant's conviction was overturned in that case, that's not to say a driver doesn't need to do anything after an accident.  In fact, the court noted in a footnote that Idaho Code 49-1304 requires a driver to "take reasonable steps to locate and notify the owner or person in charge of the property" if the accident involves damage to property.  So, while a driver isn't required to remain at the scene, he or she still needs to make reasonable efforts to notify the owner.

     As a criminal defense lawyer in Idaho Falls, I've seen honest, law-abiding people make mistakes in accidents, finding themselves with misdemeanor charges when they had no idea they did anything wrong.  If you find yourself charged with a criminal charge from a car accident, feel free to contact eastidahoattorney.com for any questions you may have.