Leaving the Scene of an Accident: How Does It Affect Injury Liability?

A hit-and-run crash can cause injuries, as well as uncertainty about who is responsible and how it may affect injury liability. When a driver leaves the scene of an accident in Pennsylvania, it can compromise available evidence and your options for compensation. Our car accident attorneys can help investigate the crash and explain important deadlines that will be crucial to your claim.

State Law Requires Drivers To Stop After an Injury Crash

Under 75 Pennsylvania Consolidated Statutes § 3742, a driver involved in a crash that causes injury or death must stop at the scene and remain there until fulfilling the required duties, like providing insurance and identifying information. A driver must also give reasonable aid when needed. Leaving the scene of an injury crash without meeting these duties is considered a violation of the law.

Does Fleeing the Scene Affect Civil Liability?

A driver does not automatically become liable for a collision simply because they fled. Liability still depends on evidence showing whose conduct caused the crash and injuries. However, leaving the scene of an accident may be relevant to liability when the facts support an assumption about the driver’s conduct or awareness after the collision.

Uninsured Motorist Coverage May Help After a Hit-and-Run

When you sustain injuries in a crash, you may still seek compensation even if the fleeing driver cannot be identified or has no insurance. Pennsylvania law treats certain unidentified vehicles as uninsured. Uninsured motorist (UM) coverage may then provide benefits if the injured party has UM coverage that meets the policy requirements.

After a hit-and-run, prompt reporting is crucial for determining accident liability. Pennsylvania law requires you to report a crash involving an unidentified vehicle to police or another proper authority right away, and you must also notify the insurer within the time required by your auto insurance contract. One of our lawyers could review the policy and available coverage, and discuss what all of this means for you.

Fault Rules and Deadlines That Still Apply

The state applies modified comparative negligence under 42 Pa. C.S. § 7102. An injured person generally may recover damages when their share of fault is not greater than the defendant’s share, but the court may reduce the damages awarded based on the injured person’s degree of fault. If a party’s own fault exceeds 50 percent, they recover nothing. These rules may shape accident liability even when the other driver leaves the scene.

The state also generally gives a party two years to file a personal injury lawsuit under 42 Pa. C.S. § 5524, so prompt action helps preserve both evidence and insurance rights following a hit-and-run.

Contact Berger and Green About Liability When Someone Leaves the Scene of an Accident

A driver’s decision to flee can complicate an injury claim, but it does not necessarily prevent recovery. We can review your crash case and help you understand the next steps. At Berger and Green, we manage the legal process so you can receive answers and focus on your recovery. Contact us today for a consultation about injury liability after the at-fault party leaves the scene of an accident.