Company Drivers Fleeing the Scene of an Accident After They Hit Me
Fleeing the scene of an accident after hitting someone is known as a hit-and-run. Under Pennsylvania law, if anyone was injured or killed, or if property damage occurred, you must remain at the scene and render medical assistance.
Company drivers are not above the law, so if they flee the scene of an accident without contacting the authorities, even if the vehicle is unattended, they are subject to the same penalties as a passenger car driver.
In this blog, our Philadelphia car accident lawyers discuss Pennsylvania law surrounding each motorist’s duty in a collision and what legal repercussions may be available to you if you find yourself a victim of a hit-and-run.
What Duties Does a Driver Have After a Car Accident in PA?
In every state, drivers have some level of duty to offer assistance or contact law enforcement following an accident. Pennsylvania is no exception. According to 75 Pa.C.S. §3744, an individual who is involved in an accident resulting in any injuries, fatalities, or property damage is required to provide his or her name, address, and vehicle registration number. Upon request, the motorist must also provide his or her driver’s license to any of the other drivers involved in the crash.
If any drivers flee the scene of the accident, contact the police. In Pennsylvania, there isn’t a specific time frame mandated for filing a police report after a car accident, unless the accident involves injury, death, or property damage exceeding $1,000. In such cases, you have a grace period of five days to report an accident to your local police department or the Pennsylvania State Police.
Rendering Medical Assistance
Additionally, the driver is required to render reasonable assistance to anyone injured in the accident. You must call an ambulance if it is clear that medical intervention is necessary for any injured persons. Pennsylvania, like many states, has a good Samaritan law that protects an individual from being sued if the medical assistance performed results in further complications to an injured party. This only applies to aid rendered in “good faith,” not grossly negligent acts or acts intended to harm another.
Penalties for Violating PA Motor Vehicle Law
In Pennsylvania, a person who hits an attended vehicle, resulting only in property damage, and flees the scene will be charged with a third-degree misdemeanor. This is punishable by up to one year in prison and a $2,500 fine. If anyone was injured, then a motorist who flees the scene may be charged with a first-degree misdemeanor, punishable by up to five years in prison and a $10,000 fine.
Under 75 Pa.C.S. §3742(b), if someone suffers “serious bodily injury,” and the driver flees the scene, then the driver will be faced 90 days of mandatory imprisonment and a mandatory fine of $1,000. If anyone dies, the driver will be charged with a second-degree felony, punishable by a mandatory prison sentence of three years, with the potential of serving 10 years. A mandatory minimum fine of $2,500 will be imposed, with the potential of being fined $25,000.
What Can I Do If a Company Driver Hits My Car?
If a company driver hits your vehicle and drives off, leaving you with damage to your vehicle or injuries, you have the option to recover damages in civil court. Although this is a crime punishable by imprisonment and fines, your chances of recovering compensation increase if you privately sue the company driver. In civil court, a plaintiff is required to demonstrate that it is “more likely than not” that the facts presented are true (known as the “preponderance of the evidence” standard).
At HGSK Injury Lawyers, our Philadelphia car accident lawyers believe that you deserve adequate compensation following a hit-and-run. We have experience negotiating with insurance companies to obtain the compensation that car accident victims need. When you work with our legal team, you can be assured that you will receive maximum compensation for your claim.
Victim of a Hit-and-Run? Contact our Philadelphia Car Accident Lawyers Immediately
At HGSK Injury Lawyers, we are adamant about recovering the damages that are warranted for our clients. We firmly believe that nobody should be burdened with accident-related expenses for a crash caused by someone else. Do not rely on a claims adjuster to determine the worth of your claim. If you are ready to schedule your free consultation with one of our Philadelphia car accident lawyers, contact us online or by phone.