Hit and Run Laws in Tennessee: What You Need to Know
Accidents happen, and unfortunately, sometimes people make the mistake of leaving the scene. If you are involved in an accident in Tennessee, it is important to understand the state’s hit and run laws to ensure that you follow the correct procedures.
Penalties for Leaving the Scene of an Accident
Leaving the scene of an accident in Tennessee is a serious offense, and the penalties can be severe. If property damage occurs in the accident, leaving the scene is a class C misdemeanor that can result in a fine of up to $500 and up to 30 days in jail.
If someone is injured in the accident, leaving the scene is a class A misdemeanor, which can result in a fine of up to $2,500 and up to 11 months and 29 days in jail. If someone dies as a result of the accident, leaving the scene is a Class E felony, which can result in up to six years in prison and fines of up to $3,000.
Statutory
Obligations After an Accident
Under Tennessee law, drivers have statutory obligations after accident. Drivers involved in an accident causing property damage must immediately stop their vehicle at the scene of the accident, provide their name, address, and vehicle registration number to the other driver, and show their driver’s license if requested.
If the accident occurred on private property, drivers must provide the owner of the property with the same information. If someone is injured in the accident, drivers must provide reasonable assistance, including seeking medical aid if necessary.
Drivers must also contact law enforcement within a reasonable time frame to report the accident.
Exceptions to Leaving the Scene
There are a few exceptions to the obligation to stay at the scene of an accident. If you leave the scene to seek medical care for yourself or others involved in the accident, you will not face charges.
Additionally, if you have a reasonable fear for your own safety, you are allowed to leave the scene and contact law enforcement from a safe location.
What to Do After an Accident in Tennessee
If you are involved in an accident in Tennessee, it is important to follow the correct procedures to ensure that you comply with state law and protect your legal rights.
Obligations After an Accident
After an accident, the first thing you should do is stop your vehicle at the scene. Check on the condition of everyone involved and provide reasonable assistance if necessary.
Call 911 to contact law enforcement and request medical aid if necessary. Exchange information with the other driver, including names, addresses, and vehicle registration numbers.
Additionally, you should take photographs of the scene and gather contact information from any witnesses.
Leaving the Scene as a Misdemeanor
Leaving the scene of an accident with property damage is a Class C misdemeanor in Tennessee, even if no one is injured. This offense can result in a fine of up to $500 and up to 30 days in jail.
If you are involved in a hit and run accident with property damage, do not leave the scene. Instead, provide your information to the other driver and call law enforcement to report the accident immediately.
Reporting a Reportable Accident
In some cases, you may be required to report an accident to the Tennessee Department of Safety. According to state law, you must report any accident that results in injury, death, or property damage over $50 to the Department of Safety within 20 days of the accident.
Failure to do so can result in a Class C misdemeanor charge and the suspension or revocation of your driver’s license. In conclusion, understanding Tennessee’s hit and run laws is essential if you are involved in an accident.
It is important to comply with state law, follow the correct procedures, and protect your legal rights. Remember, leaving the scene of an accident, even if it seems minor, can result in severe penalties.
Always contact law enforcement and seek medical aid if necessary. Leaving the Scene of an Accident: Penalties, Comparative Negligence Rules, Statute of Limitations, and Defenses
Car accidents can be traumatizing experiences, and emotions can run high.
However, it’s important to stay calm and adhere to the protocol, especially when it comes to leaving the scene of the accident. It is illegal to leave the scene of an accident, and doing so can result in legal and financial repercussions.
Here’s what you need to know about the penalties, comparative negligence rules, statute of limitations, and defenses to leaving the scene of an accident in the United States.
Penalties for Leaving the Scene of an Accident
Leaving the scene of an accident is a serious offense in which the driver flees the scene before exchanging information with the other involved parties. The penalties for leaving the scene of an accident vary depending on the circumstances of the accident.
For instance, if the accident resulted only in property damage, then the offense is treated as a misdemeanour. According to many state laws, the penalties for leaving the scene of an accident can include a jail sentence, fine, and the revocation or suspension of one’s driver’s license.
If someone is injured or dies as a result of the accident, leaving the scene of the accident can result in a felony charge with more severe fines, longer prison sentences, and potentially a lifetime of changes to your criminal record.
Comparative Negligence Rule
When it comes to car accidents involving multiple parties, the comparative negligence rule applies in some states. The claimant, which is the party that seeks compensation for damages after the accident, must prove that the defendant was negligent.
Negligence can be defined as a failure to act following the basic rules of traffic and safety. However, if the claimant’s own negligence contributed to the accident, the recovery of damages will be reduced.
For example, if the claimant did not use his or her turn signal making a turn, the party at fault may argue that the claimant was negligent too and share the final costs.
Statute of Limitations on Accidents
The statute of limitations refers to the time in which the claimant can sue the defendant. Each state has different timeframes that limit how long after the accident the claimant has to file a lawsuit.
In Colorado, for instance, the statute of limitations for a personal injury claim is two years, while in Missouri, it is five years for a wrongful death claim. If the party does not file their lawsuit within the proper timeframe, they forfeit their ability to recover compensation in the future.
Hence, it is important to seek the advice of an experienced attorney as soon as possible in the aftermath of an accident to avoid running out of time to make a claim.
Defenses to Leaving the Scene of an Accident
There are several defenses one can use to reduce the severity of penalties when they leave the scene of an accident. Firstly, if a driver must leave the scene for reasons of safety or medical care, it will not lead to charges.
Additionally, fear may also constitute a defense, given that the driver had no intention of leaving the scene, but did so due to fear of the other party or witnesses. However, if the driver admits fault following the accident, these defenses will not hold up in a court of law.
Other defenses one can use include circumstances surrounding the accident. If the defendant can prove that the accident occurred due to circumstances beyond their control, such as a sudden medical emergency or a mechanical failure beyond their awareness, they can reduce or negate the charges against them.
Another defense that may apply in certain circumstances involves agreeing to a settlement agreement with the victim or their insurer. When the parties successfully reach a settlement, all parties can agree to keep the accident affairs between them, limiting the legal repercussions.
Conclusion
In summary, leaving the scene of an accident is illegal and punishable under the law. The penalties vary depending on the severity of the accident, with possible jail time, fines, and potential impact to the driver’s criminal record.
Drivers who leave the scene of any accident risk more than just penalties and their ability to drive, they may lose their credibility in cases of personal injury or wrongful death lawsuits. If you’ve been involved in an accident, we recommend contacting an experienced attorney to help guide you through the process.
Leaving the scene of an accident is illegal and can have serious legal and financial implications, including jail time, fines, and license suspension or revocation. In some states, comparative negligence rules apply, which reduces the recovery of damages if the claimant’s own negligence contributed to the accident.
The statute of limitations limits the time in which the claimant can sue the defendant. Defenses to leaving the scene of an accident include circumstances surrounding the accident or reaching a settlement agreement with the victim.
It is recommended to seek the advice of an experienced attorney in the aftermath of an accident to ensure you follow the correct protocol and protect your legal rights. Remember, leaving the scene of an accident is not only illegal but can also have long-term consequences.