WHY LEAVING THE SCENE IS A CRIME IN VIRGINIA
Among other things, Virginia law requires every driver involved in an accident to stop, give their name and registration, and provide reasonable help to anyone injured (Va. Code § 46.2-894). Crucially, this duty applies whether or not the crash was your fault — so drivers who left simply because they were shaken, or assumed the damage was minor, can find themselves charged with a serious offense. Even passengers can face penalties for failing to report an accident when the driver won’t.
How the charge is classified depends on what happened. Leaving a scene that involved a death, an injury, or property damage over $1,000 can be a Class 5 felony carrying up to ten years in prison. Lower-value or unattended-property cases are misdemeanors. Because the line between them relies on facts like the extent of damage, whether anyone was hurt, and what you knew at the time, an experienced defense can make a real difference in the outcome.
HIT AND RUN CHARGES: WHAT TO KNOW
What are the penalties in Virginia?
It scales with the harm. A crash involving death, injury, or damage over $1,000 can be a Class 5 felony (up to 10 years). Damage under $1,000 to an attended vehicle, or $250–$1,000 to unattended property, is generally a Class 1 misdemeanor; unattended property under $250 is a Class 4 misdemeanor. Additionally you might be responsible for punitive damages in a civil claim.
What was I legally required to do?
Stop, share your name, address, driver license number, and vehicle registration, and give reasonable assistance to anyone injured (Va. Code § 46.2-894). If you struck an unattended vehicle or property, you must make a reasonable effort to find the owner or leave a note. You must report the accident to the police within 24 hours.
Can passengers be charged?
Yes. A passenger who fails to report an accident when the driver doesn’t can face penalties too — a detail many people don’t realize.
What are common defenses?
That you weren’t aware an accident occurred, that you didn’t knowingly leave, that the damage or injury element isn’t met, or mistaken identification of the vehicle. We look hard at what you actually knew and what the evidence really shows.
What if I was the victim of a hit and run?
That’s a different situation with its own options — you may be able to recover through your own uninsured motorist coverage. See Uninsured Motorist on our personal injury side.
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A hit-and-run charge is often more defensible than it first appears — but the window to shape the case is early. Reach us by text, chat, or email — or call right now at 757-622-3317.