Leaving The Scene of Personal Injury

If you have been charged with leaving the scene of personal injury it is important to understand the charge, the possible penalties and your possible defenses.

How Does the Law Define Leaving the Scene of Personal Injury?

To prove someone guilty of Leaving the scene of personal injury in Massachusetts, the prosecutor must show that:

  1. The defendant operated a vehicle
  2. On a public way (any roadway that the public has access to)
  3. That the defendant collided with or otherwise injured another person
  4. That the defendant knew they collided with the other person
  5. That after the collision or injury the defendant did not stop and and make known their name, home address, and the registration number of the vehicle M.G.L. Chapter 90, Section 24(2) (a1/2)(1)

The extent of the injury is not relevant except to show whether or not the defendant was aware a collision occurred. In other words, the severity of the injuries or lack of severity cannot be used to show guilt. However, if the injuries are very serious it can be used to show that it is in fact likely that the defendant knew the accident occurred. If the injuries are comparatively minor, a defense attorney may be able to argue that the defendant was not aware a collision ever occurred.

Attorney DelSignore explains how to defend a leaving the scene of personal injury charge in court

Before leaving the scene, it is imperative that anyone who has been injured knows the identity of the driver who caused these injuries. As mentioned above, not only does the identity of the person need to be conveyed, but also where the person resides and along with their registration information.

This rule, however, has some exceptions to it. Often times, when there are two or more parties involved in an accident, the operator of the vehicle which caused the collision may be hurt. If this is the case, the obligation the driver has to identify him or herself is obviously not of top priority. The person is obligated, however, to provide identifying information in a timely manner after the accident occurs.

The Massachusetts Appeals Court has ruled that juries should be allowed to consider whether the time it took for a person to identify him or herself is considered reasonable

What are the Penalties of Leaving the Scene of Personal Injury?

Under the statute, the maximum penalty is two years in jail and a $1,000 fine. The statute also imposes a mandatory minimum of six months in jail, $500 fine and a one-year license loss.

The penalty for leaving the scene of personal injury where a death occurred is a minimum two-and-a-half-year state prison sentence, with the maximum sentence being ten years behind bars. The fines range from $1,000.00-$5,000.00.

The statute does not allow for a continuance without a finding even on a first offense. This means that if you were to accept a plea on the charge you would have to plead guilty

License Implications for Leaving the Scene

The registry has the right to revoke your license for one year if you were involved in a personal injury matter (that did not result in the death of a person) in which you left the scene. A second offense constitutes a two-year license revocation.

If you left the scene in which a death occurred, you can expect your license to be revoked for three years automatically. A second offense will result in the loss of your license for ten years.

. . . . . .

Note: The RMV does not have the authority to grant a hardship license on a guilty finding for leaving the scene of personal injury. However, you may be able to appeal the suspension the Board of Appeals. You will need to show that you have an otherwise good driving history and a genuine need for your license.

Can I fight a Personal Injury Charge If I left the Scene of the Accident?

The answer to this question is yes. The prosecutor must prove all five elements of the charge beyond a reasonable doubt; that you were driving on a public roadway, that you were involved in a collision and that you knew and fully understood that you were involved with the said collision, that there were injuries to other persons as a result of the collision, and that you left the scene without providing your identity and personal information.

An experienced defense attorney will be able to help you win your case in court. Although each case is difference, your defense attorney may use arguments such as;

  1. You were not aware you were involved in a collision, especially if the collision and resulting injuries were comparatively minor
  2. That you were not traveling on a public way but instead on private property
  3. That you were not the one behind the wheel of the vehicle at the time of the collision

** This is not an exhaustive list of all possible defenses available. Your attorney will be able to review your case and discuss with you the best possible defenses to present.

What to Do Next

If you have been charged with leaving the scene of personal injury you are facing a mandatory minimum jail sentence. It is critical for you to discuss your case with an attorney who has a history of successfully representing clients.

The attorneys at DelSignore law are experienced in driving offenses and can be reached directly at 781-686-5924 to discuss your case.

Often those charged with Leaving the Scene of property damage face a negligent operation charge as the crime involves a car accident. If you are in this predicament, read more about negligent operation and driving recklessly in Massachusetts here.

Similarly, you may face an OUI charge if the arresting officers concludes that the accident was a result of you drinking and driving. If this is the case, you should consider hiring an experienced OUI attorney who also handles personal injury cases. Feel free to read more about our OUI case results here.

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Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him
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A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
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Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
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Michael DelSignore did an amazing job with my case! Either him or his partner Julie was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
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I cannot express the gratitude towards both Michael and Julie for their amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael and Julie over and over again. Claire
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