Hit and Run
A hit and run in Everett, Washington, happens when a driver is involved in a traffic accident and leaves the scene without stopping to provide their information like their name, contact details, or insurance information. In Washington state, this is considered a criminal offense. It doesn’t matter if the accident resulted in property damage, injury, or death; drivers must stop and exchange information with everyone involved.
If no one is present at the time of the accident, then the accident needs to be reported to law enforcement. Failing to do this can lead to serious legal consequences, including criminal charges, hefty fines, license suspension, and the chance of imprisonment. Other more long-term consequences can ultimately increase your financial burden if you are the one responsible for the accident.
Everett hit-and-run accidents are taken seriously. Depending on the severity of the accident, the charges can range from misdemeanors for minor property damage to a felony for leaving the scene of an accident that involved injury or death.
Having a criminal defense attorney in Everett who understands how to handle hit-and-run cases is essential. They can navigate the complexities of Washington state law and work to minimize the potential consequences of your possible hit-and-run charge.
Your attorney can also address any potential challenges, like the lack of intent to leave the scene or disputing the identification of the driver. They advocate on your behalf during the investigation and help to prevent any unnecessary complications that might arise.
Washington State Laws and Local Ordinances Governing Hit and Runs in EverettThe laws on hit-and-run cases in Everett, Washington, are governed by state statutes and local ordinances. The main ones that address these offenses can be found in Washington state’s Revised Code (RCW), specifically RCW 46.52.020. This mandates that a driver involved in an accident must stop at the scene and provide specific information.
RCW 46.52.020 - Duty to Stop and Give InformationUnder RCW 46.52.020, a driver involved in a collision needs to stop at the scene, exchange information with the other parties involved, and provide aid if necessary. There are two primary parts to this that we briefly introduced above but are important to keep in mind:
- Property Damage: If the accident causes property damage, you must still stop and provide your name, address, driver’s license number, and insurance information to the property’s owner. If the owner isn’t around, you must still leave this information at the scene of the accident. Such an accident can result in a Class 2 misdemeanor charge, which carries penalties of up to 90 days in jail, fines of up to $1,000, and a license suspension for up to a year.
- Injury or Death: If the accident results in injury or death, you must stop and provide your information and render reasonable assistance. This can include calling for medical help to come to the scene. Failing to stop can result in a much more serious offense and even more consequences.
If the accident causes injury or death, the offense becomes much more serious, and you can be charged with a felony. The penalties for this depend on the severity of the injury or fatality. For example, if you leave the scene of an accident that involved injury but didn’t cause death, you can be charged with a Class B felony.
The penalties for this include up to 10 years in prison, fines of up to $20,000, and a minimum driver’s license revocation of one year. However, if you leave the scene of a fatal accident, you can be charged with a Class A felony, which is considered the most severe felony level under Washington law. The penalties for this include life in prison, fines of up to $50,000, and a lifetime license revocation.
RCW 46.52.010 - Report to Law EnforcementAnother important statute related to hit-and-run accidents is RCW 46.52.010. This requires you to immediately report accidents to law enforcement when you leave the scene. The law makes it very clear that if you can’t fulfill the requirements of the previous statutes, you must still notify the police as soon as you possibly can, ensuring accountability. Failure to show accountability can result in more serious criminal charges.
RCW 9A.56.020 - Theft of a VehicleIf the hit and run involved a stolen vehicle, then RCW 9A.56.020 may come into play. This is considered a criminal offense punishable by up to 5 years in prison and $10,000 in fines. You will be charged for the hit and run alongside the vehicle theft charges.
RCW 9A.36.050 - AssaultIn some cases, a hit-and-run accident can lead to assault charges, especially if you intentionally caused harm to another person during the accident. RCW 9A.36.050 defines assault and comes into play when you hit a pedestrian or another vehicle or engage in reckless driving that leads to injury.
Insurance ConsequencesIn addition to the criminal penalties outlined above, you can face civil liability for the damages. Washington follows something known as the comparative fault rule, which means you can be held financially responsible for the direct damages caused by the accident and any additional consequences, like medical bills, lost wages, and emotional distress. Leaving the scene of an accident can also lead to higher insurance premiums or the cancellation of your coverage.
Navigating the Legal Challenges of Everett Hit-and-Run CasesEverett, Washington, is situated along Puget Sound and is well-known for its communities and thriving industries. However, like any other urban area, it is not immune to traffic accidents, including hit and runs.
Due to the business of their streets, including major highways like the I-5, the city sees a higher number of vehicles on the road. Unfortunately, this can lead to accidents where drivers choose to flee the scene. When hit and runs happen in Everett, it can disrupt the lives of those involved and present serious legal challenges for those who leave the scene.
As a result, drivers involved in these incidents need experienced legal counsel to navigate the complexities of Washington’s hit-and-run laws and minimize potential penalties.
Why You Need an Experienced Everett Hit and Run AttorneyAn experienced hit-and-run attorney is essential for your case because they can provide legal expertise and guidance when it is needed most. With severe penalties at stake, including fines, license suspensions, and potential imprisonment, a skilled attorney can help protect your rights, build a strong defense, and make sure that each detail is addressed appropriately.
We firmly believe that every hit-and-run case presents an opportunity for a strong defense. Our team of experienced attorneys has been successfully handling driving-related offenses across Western Washington for over 20 years.
If you or a loved one is facing a hit-and-run charge, it’s crucial to consult a skilled criminal defense attorney who understands the complexities of these cases.
Our Everett-based attorneys are dedicated and aggressive advocates who will work to protect your rights, minimize penalties, and help you avoid jail time and the loss of your driving privileges.
Whenever an individual has been involved in a traffic accident, they have an obligation to stop and to provide their information to the other party. This responsibility remains whether you strike another vehicle, a pedestrian, or an inanimate object like a fence.
There are two key types of hit and run. Hit and run attended is when you are involved in an accident with another individual. For example, if you strike another car with a person in it and then flee, that is hit and run attended. On the other hand, if you strike a parked car with no one in it, or in the alternative, a fence and then flee, that is called hit and run unattended.
Hit and run attended is a gross misdemeanor which means the maximum penalty is 364 days in jail and a $5,000 fine. There is no mandatory jail with a conviction but the most damaging of penalties is the mandatory 1 year license suspension. Additionally, it is considered a strike for Habitual Traffic Offender (HTO) purposes. Whether you are charged with attended or unattended, a conviction will also typically come with a restitution requirement. This means you will be responsible to pay for the damages you caused. If you had insurance, that should cover the damages. The victim is not permitted to get fully compensated from your insurance company and then also directly from you through the criminal case. The goal is to make them whole again not to enrich them.
Hit and run unattended, instead, is a misdemeanor which means the maximum penalty is 90 days in jail and a $1,000 fine. A conviction does not come with mandatory jail or a license suspension. It also does not count as a strike for HTO purposes.