What to Know About Hit and Run Accidents in Bellingham, Washington

Washington's legal system operates on the principle of accountability. This is why the Whatcom County Criminal Courts take accusations and charges of hit and run seriously.

If you receive a conviction in a hit-and-run case, you will face serious legal penalties. Your best action is to immediately contact a skilled Bellingham lawyer who will review the case details, including your arrest records, evidence, and other relevant documents. They will then develop an effective defense strategy to protect your rights and secure your future.

Facing a hit-and-run case is scary, but you don't have to face it alone. Contact our Bellingham area law office today to schedule your free consultation. We'll review your legal options and help you plan what to do next.

The Revised Code of Washington (RCW) defines hit and run under several statutes, depending on the severity of the incident and whether it involves attended (occupied) or unattended (unoccupied) vehicles. Let’s explore the key statutes:

• Duty On Striking Unattended Car Or Other Property: This law requires a driver who collides with and damages an unattended vehicle or other property to leave their name and address in a conspicuous place on the vehicle or property struck.
• Duty In Case Of Injury To Or Death Of A Person And/Or Damage To An Attended Vehicle/Property: This statute requires that any driver involved in a Bellingham accident that results in death or injury to another person and/or damage to an attended vehicle or property must immediately stop at the scene or as close as possible. The driver must remain at the scene until they have fulfilled the requirements of giving their name, address, vehicle insurance information, and vehicle registration number to the other party involved and exhibiting their driver's license upon request.
• Penalties For Hit And Run Involving An Attended Vehicle Or Property: This subsection specifies that failure to remain at the scene of your vehicle accident involving an attended vehicle or property is a gross misdemeanor. Authorities classify it as a Class C felony if the accident causes injury and as a Class B felony if it causes death.

Your legal obligation includes stopping, providing information, and assisting in obtaining necessary medical aid. Failing to comply with these requirements constitutes a hit and run in Washington.

The penalties for committing a hit and run in Washington State vary depending on the severity of the incident:

• Hit And Run Involving Unattended Vehicle Or Property:
  • Authorities typically classify this as a misdemeanor.
  • The penalty can include a fine of up to $1,000 and/or up to 90 days in jail.
• Hit And Run Involving Attended Vehicle Or Property:
  • If the incident results only in property damage, authorities classify it as a gross misdemeanor.
  • Penalties for a gross misdemeanor can include a fine of up to $5,000 and/or up to one year in jail.
• Hit And Run Resulting In Injury:
  • Authorities classify this as a Class C felony.
  • A Class C felony can result in penalties, including a fine of up to $10,000 and/or up to five years in prison.
• Hit And Run Resulting In Death:
  • Authorities classify this as a Class B felony.
  • A Class B felony can result in penalties, including a fine of up to $20,000 and/or up to ten years in prison.

Additionally, drivers found guilty of hit and run, especially those involving injury or death, may face driver's license suspension or revocation from the Washington State Department of Licensing. These penalties reflect the seriousness with which the state treats leaving the scene of an accident, particularly when another person is injured or killed.

At the Whatcom County Courts, your attorney may deploy several defenses to contest hit-and-run charges. The viability of these defenses typically depends on the case's specifics, including the evidence and the circumstances surrounding the incident. Here are some of the defenses your attorney may use:

• Lack Of Knowledge: You might argue that they were unaware they had been in an accident. This defense can be applicable if there was minimal or no damage and the defendant genuinely did not realize that contact had occurred.
• No Damage Occurred: If a defendant can demonstrate that no actual damage was done to any other vehicle or property, this potentially negates the basis for the hit-and-run charge.
• Mistake Of Fact: This defense involves the defendant believing they were not involved in an accident or that no damage or injury necessitated stopping or reporting.
• Emergency Situation: The defendant might claim they left the scene due to an emergency that required immediate attention, outweighing the legal obligation to stay at the scene. For example, needing to rush to a hospital or another emergency.
• Involuntary Intoxication: Though a challenging defense, if the defendant was involuntarily intoxicated and unaware of their actions at the time of the incident, they might claim a lack of intent to commit the offense.
• Duress Or Coercion: If the defendant left the scene under duress or coercion, fearing immediate harm if they stayed, they might use this as a defense.
• Identity Mistake: The defendant can argue that someone mistakenly identified them as the driver involved in the hit-and-run.
• Incapacity: If the defendant was physically or mentally incapable of understanding the obligation to stop or remain at the scene, they could use this as a defense. However, proving this typically requires compelling medical evidence.

These defenses require substantial evidence and legal arguments, usually crafted by an experienced defense attorney. The effectiveness of any defense will depend heavily on the evidence presented by both sides and the case's specific circumstances.

If you are charged with a hit and run in Whatcom County, understanding the legal process can help prepare you for what lies ahead. Expect the following steps and legal procedures to unfold:

1. Citation Or Arrest: Depending on the severity of the incident, you might receive a citation or an arrest. For more serious cases, especially those involving injury or death, an arrest is more likely.
2. Arraignment Hearing: This is your first court appearance, where they will formally read the charges against you. Next, the Whatcom County court will ask you to enter either a plea of guilty, not guilty, or no contest. An arraignment hearing usually occurs after authorities file charges.
3. Bail Consideration: If authorities arrest you, there might be a discussion or a separate hearing regarding bail, where the court will decide whether you can be released from law enforcement custody while awaiting trial and under what conditions.
4. Get Legal Representation: It's crucial to have legal representation, as an experienced Bellingham lawyer specializing in hit-and-run cases can advise you on the best course of action, including any potential defenses based on the specifics of your case. The Whatcom County court will appoint a public defender if you cannot afford an attorney.
5. Discovery Process: Your attorney will have the opportunity to review all evidence the prosecution has and may also gather evidence in your defense, including police reports, witness statements, video footage, and expert testimony.
6. Pre-Trial Motions: Your attorney might file motions to suppress evidence, dismiss charges, or handle other legal issues before the trial.
7. Plea Bargaining: Courts often resolve hit-and-run cases through plea bargaining, where you might agree to plead guilty to a lesser charge. In return, the prosecution will accept a more lenient sentence, which is often negotiated between your attorney and the prosecutor.
8. Trial: In Whatcom County, the case will go to trial if the parties do not reach a plea agreement. The prosecution and defense will present their evidence and arguments, and then a Whatcom County judge or jury will decide whether you are guilty or innocent.
9. Sentencing: If the courts find you guilty, the judge will decide your sentence by taking into account the seriousness of the incident, your past criminal record, and other pertinent factors. Based on the details of your case, possible penalties may include fines, community service, or incarceration.
10. 10. Appeal: If you are convicted in Whatcom County, you still have the right to appeal the conviction or the severity of the sentence.

Being charged with a hit and run can be a stressful experience with serious legal consequences. It's important to take such charges seriously and seek competent Bellingham legal counsel to navigate the complexities of the legal system in Whatcom County.

Our Bellingham hit-and-run defense attorneys are standing by to assist you with your case. With a commitment to providing you with the legal support you need during this challenging time, we are always available when you need us the most. Call our law office now for a free case review to learn more about how we can help you.