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What Happens If You Leave the Scene of an Accident In Utah?

Posted on October 21, 2024

Utah requires all parties involved in a traffic accident to remain at the scene of the accident until cleared by the police to leave. Leaving the scene of an accident is a crime in Utah—a hit-and-run accident. Fleeing the scene of an accident is a crime ranging from a class 3 misdemeanor to a third-degree felony. All charges of leaving the scene of an accident come with serious legal consequences, even if you left out of panic, a flight-or-fight response, or because you didn’t know anyone was injured. The legal consequences of a conviction are life-altering.

What Does the Utah Law Say About Leaving an Accident Scene?

Remaining at the scene and reporting a car accident to the police is a legal requirement in Utah for all car accidents with property damage amounting to $1,500 or more, and/or accidents with injuries or fatalities. Because it can be difficult to determine the extent of property damage, and some injuries show up later due to delayed symptom presentation, it’s best to remain at the scene and alert the police after any car accident that’s more than just the smallest parking lot fender-bender with a tiny scratch. Even then, it’s required to leave your contact information and insurance number.

Under Utah Code 41-6a-401.3., the law states the following:

The operator of a vehicle who has reason to believe that the operator may have been involved in an accident resulting in injury to a person shall 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…”

The law goes on to convey that any driver who realizes after the fact that they may have caused an accident must return to the scene as soon as possible and report the accident.

What To Do At the Scene of a Car Accident In Utah

After a car accident, it’s common to feel overwhelmed and frightened, especially if you or a loved one suffered injuries. Leaving the scene is never a reasonable option, even if you lack insurance, have an outstanding warrant, or fear the legal and emotional consequences. After an accident, use your cell phone—or ask an uninjured person to use it or theirs for you—and do the following:

  • First, call 911 to report the accident. When the police arrive at the scene, they generate a police report which is critical to recovering compensation for damages later
  • Then, apply any reasonable first aid
  • Use your phone to snap photos of the accident scene
  • Photograph the damaged vehicles
  • Photograph any visible injuries to you or others
  • Exchange contact information with the other driver(s)
  • Add the contact information of any eyewitnesses

Always go directly to the hospital in an ambulance or by arranging transportation from the accident scene as soon as the police clear you to leave.

Having a pre-set plan in place for what to do after a car accident helps to manage fears that might otherwise cause you to leave the accident scene.

What Happens After Leaving the Scene of an Accident Without Waiting for the Police?

The criminal penalty after leaving the scene of an accident depends on the extent of the injuries. A class-A misdemeanor for an accident with property damage could result in penalties ranging from $750-$1,000 in fines and up to a year in prison. If the accident caused injuries or one or more fatalities, fleeing the scene could result in third-degree felony charges with fines of up to $5,000 and up to a year in prison. Penalties become far more severe if you were intoxicated when you fled the scene. Additionally, leaving the scene puts points on your driver’s license that could place you at risk of a suspended license.

What To Do If You’ve Been Injured In A Hit & Run Accident

If you have been injured in a hit and run accident or due to the negligence of an individual, get in touch with the Salt Lake City car accident attorneys at Handy & Handy Attorneys at Law today.