Fleeing the scene of an accident—better known as a hit-and-run—is a serious crime in Arizona, and the consequences can be life-altering. Whether it’s a minor scrape in a parking lot or a crash that leaves someone injured, the law requires drivers to stop, exchange information, and offer help if needed. Leaving without doing is illegal, and it can lead to criminal charges, massive fines, and even jail time. If you’ve been involved in a hit-and-run, whether as a victim or the accused, knowing your rights and the next steps is critical.
What is defined as a hit-and-run?
Arizona law classifies hit-and-run accidents based on the circumstances of the crash. Whether the collision involves another vehicle, a pedestrian, or unattended property, leaving the scene without taking the proper steps can lead to criminal charges. State law requires anyone involved in a crash—whether it’s a minor dent or a serious collision—to pull over, check for injuries, and provide their name, contact details, and insurance information to the other parties involved.
Here’s how Arizona’s hit-and-run laws apply to different types of accidents:
Hit-and-Run Involving an Unattended Vehicle or Property
If a driver hits a parked car, a fence, or any other property and leaves without making an effort to notify the owner, it’s a crime under Arizona Revised Statutes §28-664. The law requires drivers to 1) stop; and 2) make a reasonable attempt to find the property owner. If no one is around, a reasonable attempt under Arizona law includes leaving a note with your name, and contact information (i.e., address), so that the owner of the vehicle knows how to locate you. Even minor damage can lead to misdemeanor charges, fines, and potential license suspension, should someone violate this statute.
Hit-and-Run Involving Property Damage
A collision that damages another vehicle or property—but doesn’t involve injuries—falls under Arizona Revised Statutes §28-662. The law requires both drivers to stop in a manner that doesn’t obstruct traffic, exchange information, and remain at the scene of the accident until the driver has fulfilled all requirements pursuant to Arizona Revised Statutes §28-663. Even if no one appears to be injured, leaving the scene can result in a Class 1 misdemeanor, which carries penalties including fines, a potential jail sentence of up to four months, and a suspension of driving privileges.
Hit-and-Run Involving Injury or Death
If a driver flees a crash where someone is injured or killed, the stakes are much higher. According to Arizona Revised Statutes §28-661, a hit-and-run involving serious injury is a Class 2 felony, punishable by years in prison, steep fines, and a revoked license, with the possibility of being a Class 5 felony should the accident result in a death. Even if the injuries are not severe, leaving the scene turns what could have been a standard accident claim into a criminal case.
Driver’s Duty to Give Information and Aid
Arizona law requires all drivers involved in an accident to stop and take specific actions. Under ARS 28-663, drivers must:
- Give their name, address, and the registration number of the vehicle that the driver is driving.
- On request, provide their driver license to the person struck, or the driver or occupants of or person attending a vehicle collided with.
- Offer reasonable assistance to anyone injured, including calling 911, and making arrangements for the transportation of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if the carrying is requested by the injured person.
Failing to comply isn’t just irresponsible, it’s also a crime. Even in minor accidents, leaving without sharing information can result in legal consequences. When injuries or fatalities are involved, the penalties become even more severe. Let’s take a closer look at the penalties for each type of accident under Arizona’s hit-and-run laws.
Penalties for Hit-and-Run in Arizona: Is It a Crime to Leave the Scene of an Accident?
Leaving the scene of an accident is a crime in Arizona, and depending on the circumstances, it can be charged as either a misdemeanor or a felony. Arizona law takes hit-and-run offenses seriously, with penalties based on the severity of the crash and whether the driver fled after damaging property or injuring someone.
- Hit-and-run with unattended property (ARS 28-664): Class 1 misdemeanor, fines up to $2,500, potential license suspension.
- Hit-and-run with property damage (ARS 28-662): Class 2 misdemeanor, up to four months in jail, fines up to $750, and license suspension.
- Hit-and-run with injuries (ARS 28-661):
- Misdemeanor Penalties: Up to 4 months in jail, fines, a criminal record, and license suspension.
- Felony Penalties: Up to 15 years in prison, steep fines (often exceeding $150,000), felony record, and license revocation.
A split-second decision to flee the scene can turn a routine accident into a felony case. Even if you weren’t at fault for the crash, leaving can make things worse. An experienced attorney can help you navigate the legal process, gather evidence, and fight for the financial recovery you deserve.
“I Panicked and Left the Scene”—What Should You Do?
Panic is a natural reaction after an accident, but leaving the scene only makes matters worse. If you left out of fear or confusion, you may now feel overwhelmed and unsure of what to do next. While every situation is different, acting quickly can make a significant difference in how your case unfolds.
If you drove away but now regret your decision, voluntarily reporting the accident may demonstrate responsibility and could be viewed more favorably than waiting until law enforcement tracks you down. Arizona law requires drivers to report accidents involving unattended vehicles, private property, or fixed objects, especially when significant damage occurs. Even if no one was injured, failing to report can result in misdemeanor charges, fines, and license suspension. Coming forward voluntarily can sometimes reduce penalties and show good faith.
Before making a statement, consulting with an attorney can help you understand your options, avoid self-incrimination, and ensure you handle the situation in a way that protects your rights. If law enforcement has already opened an investigation, proactively addressing the situation with legal guidance is crucial. A lawyer can help you navigate the legal process, communicate with authorities, and protect your driving record and future.
Whether you were the victim, or left the scene in a moment of panic, your next steps matter. Arizona law has strict hit-and-run penalties, but the right legal strategy can help safeguard your rights and minimize consequences.
Arizona Hit-and-Run Cases and the Role of a Lawyer
If you left the scene out of panic or confusion, acting quickly can help you regain control of the situation. Voluntarily reporting the accident can demonstrate responsibility, but speaking with an attorney first ensures you don’t unknowingly jeopardize your case. Our car accident lawyers can guide you through your legal options, help address potential liability, and represent your interests in any investigation.
If You Weren’t at Fault but Left
Leaving the scene, even if you weren’t responsible for the crash, can complicate your case. If you left due to safety concerns or confusion, reporting the incident as soon as possible helps protect your position. An attorney can assist in clarifying the circumstances, ensuring you are not wrongfully accused, and handling any legal or insurance matters that arise.
If You Were the Victim of a Hit-and-Run
If another driver fled after hitting you, you still have the right to seek compensation for medical expenses, vehicle repairs, and other losses. While locating the at-fault driver is ideal, your uninsured motorist (UM) coverage may provide financial relief if they are not found. A lawyer can help gather evidence, file claims, and pursue compensation through all available legal avenues.
Hit-and-run cases require a strong legal strategy, whether you’re facing charges or seeking compensation. If you left the scene, our Phoenix car accident attorneys can evaluate your situation, explore defense options, and work to reduce potential penalties. If you weren’t at fault but left due to fear or confusion, we can help protect you from wrongful charges. And if you were the victim of a hit-and-run, we will investigate, gather evidence, and fight to hold the at-fault party accountable—whether through insurance claims or legal action.
The sooner you take action, the better your chances of protecting your rights and securing the best possible outcome. Contact us today for a confidential consultation.