Leaving the Scene of Property Damage

Utah Code 41-6a-4 describes a driver’s responsibilities after a car accident or crash. Under section 401, for any accident involving property damage, the driver and passenger have certain duties to stop and remain at the scene long enough to exchange information and notify law enforcement.

If the accident resulted in property damage of $2,500 or more, then the driver of a vehicle involved in an accident shall immediately and by the quickest means of communication available give notice or cause to give notice of the traffic crash to the nearest office of a law enforcement agency. Most of these cases involve hitting a parked vehicle, an occupied vehicle, or property near the roadside such as a fence or gate.

A violation of any subsection of 41-6a-401 for leaving the scene of a crash involving damage to attended or unattended property is a class B misdemeanor.

Attorney for Leaving the Scene Involving Property Damage in Salt Lake City, Utah

If you left the scene of a crash or accident, then you should remain at the scene until you have fulfilled your reporting requirements. If you left the place where the accident occurred, then a criminal investigation has begun. If any witness to the crash can describe you, your vehicle, or the vehicle's license plate number, then an officer is likely to go after the owner of the vehicle.

The officer's goal is to interrogate the owner of the vehicle and get a confession to prove who was driving at the time of the crash. An attorney can contact the law enforcement officer on your behalf to help you invoke your right to remain silent and your right to have an attorney represent you at every stage of the case.

The penalties for leaving the scene of a traffic crash (often called "hit and run") are serious and unforgiving. After the criminal investigation begins, never make a statement to law enforcement until after you have retained an experienced criminal defense attorney to assist you at every stage of the case.

The attorneys at Brown, Bradshaw & Moffat, LLP are experienced in representing men and women under investigation for leaving the scene of an accident involving property damage under § 41-6a-401. We also represent clients for more serious charges of leaving the scene of an accident with personal injury or serious bodily injury. Call (801) 532-5297 today to talk with an attorney in Salt Lake City, Utah.

Additional Information about Leaving the Scene of Property Damage

  • Accidents Involving Damage to Attended Property
  • Traffic Accidents Involving Unattended Property

Accidents Involving Damage to Attended Property

When the owner of the damaged property is present, the property is considered “attended property.” After a crash involving property damage, the driver must:

  1. Give to the persons involved:
  • the operator's name, address, and the registration number of the vehicle being operated; and
  • the name of the insurance provider covering the vehicle being operated including the phone number of the agent or provider
  1. Upon request and if available, exhibit the operator's license to:
  • any investigating peace officer present;
  • the operator, occupant of, or person attending the vehicle or other property damaged in the accident; and
  • the owner of property damaged in the accident, if present.

Traffic Accidents Involving Unattended Property

If a driver is involved in a crash with unattended property, then Utah law requires the driver to do the following:

  • locate and notify the operator or owner of the vehicle or the owner of other property damaged in the accident of the operator's name, address, and the registration number of the vehicle causing the damage; or
  • attach securely in a conspicuous place on the vehicle or other property a written notice giving the operator's name, address, and the registration number of the vehicle causing the damage.

The driver can also provide the information required to an investigating peace officer at the scene of the accident.

Finding an Attorney for Hit and Run with Property Damage in Salt Lake City, Utah

If you were cited or arrested for a violation of leaving the scene of a crash involving damage to attended or unattended property, then contact an experienced criminal defense attorney to represent you. 

Call (801) 532-5297 today to discuss your case. We can begin your defense today.

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