Jonah Patel
In Arizona, a hit-and-run accident is when a driver collides with another car, person, or property and flees the scene without providing their personal information. Leaving the scene of an accident in Arizona can be classified as a misdemeanor or a felony, depending on the severity of the incident and whether there are any injuries or fatalities. If the accident only results in property damage, it is typically considered a misdemeanor, while accidents involving injuries or fatalities are classified as felonies. The penalties for a hit-and-run conviction in Arizona can include hefty fines, imprisonment, license suspension, and increased insurance premiums. Understanding Arizona's hit-and-run laws is crucial for drivers to know their rights and responsibilities in the event of an accident.
| Characteristics | Values |
|---|---|
| Definition | Failing to remain at the scene of a car accident or to return as soon as possible and provide your name, address, registration, and license information to the other driver or to authorities. |
| Categories | Non-injury related accident, Injury-related accident |
| Non-injury related accident categories | Attended Vehicle, Property Damage Only |
| Injury-related accident categories | Minor injury, Serious injury or death |
| Penalty for property damage only | Misdemeanor, $500 fine, 30 days in jail, one year's probation |
| Penalty for property damage including damage to another vehicle | $750 fine, four months in jail, two years probation |
| Penalty for minor injury | Class 5 felony, 2.5 years in prison, revoked license for three years |
| Penalty for serious injury or death | 8.75 years in prison, 5 years license suspension (if the driver didn't cause the accident); 12.5 years in prison, 10 years license suspension (if the driver caused the accident) |
| Penalty for leaving the scene | Hefty fines, Imprisonment, Loss of driver's license, Increased insurance premiums, Employment consequences |
| Additional consequences of felony charges | Inability to obtain or keep professional licenses or jobs, Loss of government assistance, Loss of civil rights, Loss of the right to bear arms |
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What You'll Learn
Misdemeanour vs felony
In Arizona, a hit-and-run incident is classified as either a misdemeanour or a felony, depending on the nature and severity of the accident. Misdemeanours and felonies carry different penalties, with felonies being more severe.
Misdemeanour
If a driver hits a sign, a fence, or other non-vehicle property, they are required to attempt to locate and notify the property owner, give details of the damage, and provide contact information. Failure to do so results in a class 3 misdemeanour in Arizona. This type of accident is considered a hit and run if the driver doesn't comply with these requirements.
Drivers who collide with a parked car and cause damage are required to attempt to locate the owner of the damaged vehicle. If they cannot do so, they must leave a conspicuous note on the other vehicle with their name and address. Failure to do so is a class 3 misdemeanour in Arizona.
If an accident involves only vehicle damage and no injuries, drivers must immediately stop and remain at the scene, or return as soon as possible. They must then exchange requisite information, including name, address, and car registration information, and show their driver's license if requested. A violation of this statute is a class 2 misdemeanour.
Felony
If an accident results in a minor physical injury, drivers must stop and provide information to the other driver, as well as render reasonable assistance to the injured person, which may include arranging for transportation to a medical facility. Leaving the scene of such an accident is a class 5 felony in Arizona.
If an accident results in serious injury or death, drivers must immediately stop and provide their name, address, vehicle registration information, and driver's license if asked. Leaving the scene of an accident involving serious injury or death is a class 2 felony in Arizona. If the fleeing driver caused the accident, it is considered a class 3 felony.
Penalties
Misdemeanour convictions can carry serious consequences, including jail time, the loss of driving privileges, increased insurance premiums, and employment consequences. Felony convictions can result in even more severe penalties, including lengthy prison sentences, the inability to obtain or keep professional licenses or jobs, loss of government assistance, loss of civil rights, and the loss of the right to bear arms.
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Injury-related accidents
In Arizona, if a driver is involved in an accident that results in any kind of injury, they are legally required to stop at the scene and remain there until the authorities arrive. They must also provide their name, address, registration, and license information to the other driver or to the authorities. If the driver leaves the scene of an accident, they can be charged with a misdemeanor or a felony, depending on the severity of the incident and the nature of the injuries sustained.
If an accident results in minor physical injuries, the driver must stop and provide their information to the other driver, as well as render reasonable assistance to the injured person. This may include helping to coordinate medical transportation. Failing to do so is a class 5 felony in Arizona, and the driver could face serious consequences, including jail time, hefty fines, and the loss of their driver's license.
In more severe cases where an accident results in serious physical injuries or death, the driver must immediately stop at the scene and provide their name, address, and registration information. They must also show their driver's license if asked to do so. If a driver leaves the scene of an accident that results in serious injuries or death, they can be charged with a class 2 felony, which carries even harsher penalties, including a minimum of 8.75 years in prison and a 5-year license suspension if they did not cause the accident, or a minimum of 12.5 years in prison and a 10-year license suspension if they were at fault.
It is important to note that even if the driver is not identified or charged immediately, they can still be pursued for damages at a later date. Additionally, if you are the victim of a hit-and-run accident, it is recommended that you call 911 or the local highway patrol as soon as possible and request that any witnesses remain at the scene until the police arrive. It is also important to seek medical attention and keep a clear record of any injuries sustained, as the shock of the accident may mask the pain and the full extent of your injuries.
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Non-injury accidents
In Arizona, a hit-and-run accident is defined as a driver hitting another car, person, or piece of property and then fleeing the scene without stopping to provide their personal information. Leaving the scene of an accident in Arizona can be broken down into two main categories: non-injury-related and injury-related.
If an accident only results in vehicle damage, with no injuries, Arizona law requires drivers to immediately stop and remain at the scene or return to the scene as soon as possible. They must then exchange information, including their name, address, and vehicle registration information, and, if requested, show their driver's license. If a driver hits a parked car, they must either locate the owner of the vehicle to provide their name and address or leave a note with this information in a conspicuous place. If the driver does not own the vehicle, they must also provide the owner's name and address.
If a driver hits roadway property, such as signs, mailboxes, or fences, they must make reasonable efforts to notify the owner and provide their name, address, and vehicle registration number. Failure to comply with these requirements is considered a hit-and-run and can result in misdemeanor charges. In Arizona, a non-injury-related hit-and-run is typically classified as a Class 2 misdemeanor, which can result in up to 30 days in jail, one year's probation, and a $500 fine. However, the specific penalties may vary depending on the circumstances of the case.
It is important to note that if there is no damage or injury to another person or property, it may be argued that there was no legal duty to stop and exchange information, and a hit-and-run charge may not apply. In such cases, consulting an experienced attorney is advisable to determine the best course of action.
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Failure to comply
In Arizona, a hit-and-run incident is classified as a failure to comply with the law if a driver leaves the scene of an accident without fulfilling their legal responsibilities. These legal responsibilities vary depending on the type of accident, and failure to comply can result in various penalties, including misdemeanours and felonies.
Accident Involving Only Damage to Property
If a driver hits a sign, fence, or other non-vehicle property, they are legally required to attempt to locate and notify the property owner, provide details of the damage, and give their contact information. Failure to comply with these requirements results in a Class 3 misdemeanour charge.
Accident Involving an Attended Vehicle
If a driver collides with another vehicle that is occupied, they must stop immediately or as close to the accident scene as possible. They are required to remain at the scene, exchange information, and display their driver's license upon request. Failure to comply with these duties is considered a Class 2 misdemeanour.
Accident Involving an Unattended Parked Vehicle
In the case of hitting an unattended parked vehicle, drivers must stop and make reasonable efforts to locate the owner. If the owner cannot be found, they must leave a conspicuous note with their name and address, as well as the name and address of the vehicle owner if they are not the owner of the vehicle. Failure to comply with these requirements is a Class 3 misdemeanour.
Accident Involving Injury or Death
If an accident results in injury or death, Arizona law requires drivers to stop and provide their name, address, vehicle registration information, and, if requested, their driver's license. Additionally, they must render reasonable assistance to the injured party, help coordinate medical transportation, and notify law enforcement. Failing to comply with these requirements is a more severe offence, ranging from a Class 5 felony to a Class 2 felony, depending on the severity of the injury and whether the driver caused the accident.
It is important to note that Arizona Courts apply a broad definition to what constitutes being involved in an accident. Even if a driver did not directly strike a vehicle, person, or property, they may still be considered involved and subject to prosecution if they do not comply with statutory duties, such as remaining at the scene.
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Witness protocol
If you witness a hit-and-run accident in Arizona, it is important to follow certain steps to ensure the safety of those involved and to help law enforcement with their investigation. Here is a detailed witness protocol to follow:
- Call 911 or the local highway patrol as soon as possible. Request that police officers create an accident report, including information on the time, date, location, facts of the accident, and a basic diagram. This report should also include complete information about all involved parties and witnesses. It is ideal to have the police generate this report while the details of the accident are still visible and fresh.
- If there are other witnesses present, encourage them to remain at the scene until law enforcement arrives. Obtaining statements from multiple witnesses can greatly aid in the investigation. If witnesses are unable to stay, be sure to collect their contact information, including names, phone numbers, and email addresses.
- Take note of the vehicles involved in the accident, including their make, model, colour, license plate numbers, and any distinctive features or damage. This information can help identify the vehicles and their owners.
- If possible, use your phone or camera to document the scene. Take photographs or videos of the vehicles, their positions, any damage, and any visible injuries to individuals involved. These visual records can serve as valuable evidence.
- Pay attention to your surroundings and try to notice any unique or identifying details about the fleeing driver or vehicle. This may include the driver's physical appearance, clothing, behaviour, or any distinctive features of their vehicle, such as custom modifications or noticeable dents.
- If the hit-and-run results in injuries, encourage the injured individuals to seek immediate medical attention. Offer to accompany them or assist in contacting emergency medical services. Ensure that their injuries and the process of obtaining medical treatment are well-documented.
- Write down or record your own account of the incident as soon as possible. Include as many details as you can recall, such as the sequence of events, sounds, conversations, and any notable behaviours or actions of those involved. Your recollection could be invaluable to the investigation.
- Cooperate fully with law enforcement officials when they arrive. Provide them with the information you have gathered, including any photos, videos, or witness contact information. Answer their questions truthfully and comprehensively. Your contribution as a witness can significantly impact the investigation's outcome.
Remember, as a witness, your role is crucial in helping to piece together what occurred during a hit-and-run accident. Your actions can assist in ensuring that those involved receive the necessary aid and that the responsible parties are held accountable.
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Frequently asked questions
A hit and run in Arizona is when a driver hits another car, person, or piece of property and then flees the scene without providing their personal information.
If a driver hits another vehicle, they must stop and remain at the scene, or return as soon as possible. They must then exchange information, including name, address, and car registration. If requested, they must show their driver's license. Failure to do so is a class 2 misdemeanor.
If a driver hits a sign, fence, or other property, they must attempt to locate and notify the property owner, provide details of the damage, and give their contact information. Failure to do so is a class 3 misdemeanor.
If an accident results in injury or death, drivers must stop and provide reasonable assistance, help coordinate medical transportation, and notify law enforcement. Failure to do so is a felony, with penalties depending on the severity of the injury or whether there is a fatality.
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