If you were involved in a traffic crash or accident involving personal injury or serious bodily injury to another person, then you need to remain at the scene and call for help. If you leave the scene, you can be charged with a criminal offense—either a misdemeanor or a felony.
Under Utah code 41-6a-401.3, if the driver of a vehicle has reason to believe that the operator may have been involved in an accident resulting in injury to a person, then the driver is required to do all of the following:
immediately stop the vehicle at the scene of the accident or as close to it as possible without obstructing traffic more than is necessary; and
remain at the scene of the accident until the operator has fulfilled the requirements of Section 41-6a-401.7 (the basics of that section are to render aid to injured persons, facilitate or call for transportation to a medical facility, and exchange personal information including vehicle and driver license information)
The term “reason to believe” is defined to mean “information from which a reasonable person would believe that the person may have been involved in an accident.”
The term “serious bodily injury” is defined to mean “bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.”
If you left the scene, then a criminal investigation has begun. In many of these cases, a law enforcement officer might be looking for you, especially if a witness at the scene got the license plate number of the vehicle that you were driving.
Within a few hours, days, or even weeks of the crash, an investigating officer might come knocking on your door to interrogate you about the crash. If you retain an attorney, the attorney can help you assert your right to remain silent and your right to have an attorney representing you at every stage of the case. An attorney can contact the investigating officer on your behalf.
Attorneys for Leaving the Scene with Injury in Salt Lake County, Utah
The attorneys at Brown, Bradshaw & Moffat, LLP, represent individuals involved in leaving the scene of an accident with personal injury or serious bodily injury. We are experienced in representing clients after a misdemeanor or felony accusation that they were involved in a "hit and run" crash in Salt Lake City or the surrounding areas in Utah. Call (801) 532-5297 so we can get to work for you today.
Additional Information about Leaving the Scene of an Accident Involving Injury in Utah
Penalties for Leaving the Scene of an Accident with Injury
The crime of leaving the scene of a crash involving injury to a person is punishable as a class A misdemeanor. The crime can be charged as a third-degree felony if the accident resulted in serious bodily injury to a person.
Accident involving death
If a driver of a vehicle who has reason to believe that he or she may have been involved in an accident resulting in death, the person is required to do all of the following:
immediately stop the vehicle at the scene of the accident or as close to it as possible without obstructing traffic more than is necessary; and
remain at the scene of the accident until the operator has fulfilled the requirements of Section 41-6a-401.7 (again, the basics of that section are to render aid to injured persons, facilitate or call for transportation to a medical facility, and exchange personal information including vehicle and driver license information)
If the operator has reason to believe that the operator may have been involved in an accident only after leaving the scene of the accident, the operator shall immediately comply as nearly as possible with the requirements of Section 41-6a-401.7.
Any person who violates the law and leaves the scene of an accident involving death can be charged with a third-degree felony.
Finding an Attorney for Accident Involving Injury (Hit and Run)
If you were involved in a crash involving personal injury or serious bodily injury, then contact an experienced criminal defense attorney in Salt Lake City, Utah, at Brown, Bradshaw & Moffat. We can help you fight to defend your case.
Call (801) 532-5297 today to discuss your case and possible defenses to a felony or misdemeanor charge.
Criminal Defense — Utah
Frequently Asked Questions: Accidents Involving Injury in Utah
1What is required if I am involved in an accident with an injury in Utah?
Under Utah Code § 41-6a-401.3, you are legally required to immediately stop your vehicle at the scene or as close as possible without obstructing traffic. You must remain at the scene to render reasonable assistance to any injured person — including arranging for medical transport — exchange personal and insurance information, and notify law enforcement immediately.
2What are the penalties for leaving the scene of an accident involving injury?
In Utah, leaving the scene of a crash involving personal injury is typically classified as a Class A misdemeanor, which can result in up to one year in jail and significant fines. However, if the accident results in serious bodily injury or death, the charge can be elevated to a third-degree felony, carrying a potential prison sentence of up to five years.
3How does Utah law define serious bodily injury in a traffic accident?
Under Utah law, serious bodily injury is defined as any physical injury that involves a substantial risk of death, causes unconsciousness, results in extreme physical pain, or leads to protracted disfigurement or the impairment of a bodily organ or mental faculty. If a hit-and-run involves these factors, the legal consequences move from misdemeanor to felony territory.
4Can I be charged with a hit-and-run if I didn't realize someone was hurt?
Yes. Utah Code § 41-6a-401.3 applies if a driver has reason to believe they were involved in an accident resulting in injury. If you leave the scene and later realize someone was injured, you must immediately comply with reporting requirements as nearly as possible. Ignorance of the extent of the injury is often not a complete defense against a failure to stop.
5What should I do if I am under investigation for an accident involving injury?
If a law enforcement officer contacts you regarding a hit-and-run or an accident involving injury, you should exercise your Fifth Amendment right to remain silent and contact a criminal defense attorney immediately. Avoid making statements or explaining your side to the police without legal counsel — these statements can be used as evidence to secure a conviction.
DISCLAIMER: The information in this document is for general educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation. Contacting Brown, Bradshaw & Moffat does not create an attorney-client relationship.
Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah. The use of this form for communication with our personnel does not establish an attorney-client relationship.
