Is It Illegal to Leave the Scene of an Accident in Tennessee?
A car accident is one of the most shocking things a person can experience. After a collision, the “fight-or-flight” reflex often kicks in, fueled by adrenaline and shock. It may be difficult to think clearly in this situation, especially if you have experienced a near-death experience. However, you should know that if you flee after a car crash, you could face serious legal consequences. If you already face these consequences, consider speaking with a Tennessee criminal defense lawyer.
Leaving a Crash Scene is a Criminal Offense in Tennessee
Under Tennessee Code 55-10-102, leaving the scene of a crash can become a criminal offense. The law states that if you are “involved” in a collision of any kind, you must stop as soon as possible and remain at the scene until law enforcement arrives. In certain situations, it may not be necessary to wait until law enforcement arrives. For example, your crash might have caused only property damage with no serious injuries. In this situation, it might be permissible to leave the scene–but only after exchanging information with everyone else involved in the crash. You should also file a police report after leaving the scene of an accident.
If you leave the scene of an accident with only property damage, you could still face a class B misdemeanor in Tennessee. A conviction could lead to six months in jail and a $500 fine.
The consequences of this offense are much more serious if you leave the scene of a crash involving an injury or death. This is a Class E felony under Tennessee law, and it could lead to a maximum prison sentence of six years. Depending on the circumstances, you may also face charges of aggravated vehicular assault, vehicular homicide, or aggravated vehicular homicide.
Defending Against Hit-and-Run Charges in Tennessee
Although these charges can be incredibly serious, it is possible to defend yourself against them. One notable detail is that committing a hit-and-run is only illegal if you did so intentionally. If you can establish that you were not aware of the collision before driving away, you may be able to avoid penalties. As morbid as it might sound, many people mistake human bodies for speed bumps, especially when driving larger vehicles in the dark.
Drivers are allowed to drive away from accidents if there is nowhere safe to stop. If you drove away because you were trying to find a safe place to park, you might be able to avoid criminal consequences. There are many other potential defense strategies worth exploring with your attorney.
Can a Tennessee Criminal Defense Lawyer Help With Hit-and-Run Charges?
A Tennessee criminal defense lawyer may be able to help with hit-and-run charges. If you have been accused of fleeing the scene of an accident, you should avoid making any statements and meet with your lawyer as soon as possible. From there, you may be able to assess various defense strategies based on your situation. Continue this conversation by contacting The Law Offices of Josh T. Crain.