TA 20-103: Failure to Remain at the Scene of an Accident

Under Maryland law drivers involved in an accident are required to immediately stop their vehicle as close to the scene of the accident as possible and exchange information with other drivers.  The law allows for vehicles to be moved to a safe area where there is less obstruction of traffic, but driving to a different location altogether is not permitted.  The exchange of information is governed by TA 20-104, which requires a driver to share his or her name, address, registration and driver’s license upon request from the other parties involved in the accident.  Failing to provide all this information could result in a citation for leaving the scene of an accident with property damage under TA 20-103.  A driver who hits unattended property or a parked unattended vehicle is required to immediately report the accident to the nearest office of an authorized police authority to give the information described above.
 
If a driver backs into a parked vehicle and drives off without exchanging the required information, he or she is subject to a citation for leaving the scene of an accident even if the damage appears to be minimal.  The law does not allow a driver to simply leave a note and drive off, but rather requires notification of the police.  If a driver is involved in an actual accident, it is not advisable to leave the scene until police arrive.  We have seen people charged who have assumed they complied with the law.
 
TA 20-103 only covers leaving the scene of an accident with property damage.  Failure to remain at the scene of an accident involving bodily injury to another person is a separate offense with a much harsher punishment.  The law for leaving the scene of an accident with bodily injury is governed by TA 20-102, which requires that a driver not only stop and remain on scene, but also to render reasonable assistance to any injured person and arrange for transportation to the hospital if necessary. This typically means calling 911 and requesting ambulance.  Violations of TA 20-102 carry potential punishments of up to 1 year for bodily injury, 5 years for serious bodily injury and up to 10 years in prison for leaving the scene of an accident involving a death.  Serious bodily injury is defined as an injury that creates a substantial risk of death, causes disfigurement or causes permanent or substantial loss of function of a body part or organ.  Head injuries that cause mental impairment would likely be considered serious bodily injury.
 
Lack of identification is perhaps the most powerful defense to a leaving the scene case.  The State cannot prove a case simply by establishing that the suspect is the owner of the vehicle.  There must be a witness who identifies the defendant as the driver at the time of the accident unless the defendant makes a statement admitting to being the driver.  For this reason, we strongly advise against making a statement without a lawyer.  Police will often try to obtain a statement from the owner of a vehicle by saying there is video footage of the accident.  Even if this is true (it may very well be a lie) video footage rarely can identify the person behind the wheel.  Without a witness ID or a confession all the State will likely have is proof that the defendant’s vehicle was involved in an accident.
 
Leaving the scene of an accident with vehicle or property damage carries a penalty of up to 60 days in jail and a $500 fine under Maryland law.  The MVA will also assess 8 points on a person’s license if there is a conviction.  In most cases involving failure to remain at the scene of an accident the defendant will be issued citations and not arrested.  Police often issue multiple citations that will all be handled in court at the same time.
 
If you are being investigated for failure to remain at the scene of an accident, call criminal defense attorney Benjamin Herbst right away for a free consultation.  Benjamin will immediately reach out to law enforcement to protect your right to remain silent.  Police often pressure suspects into meeting to provide a statement.  Benjamin will not let this happen under any circumstances.  Never speak to police or insurance companies without consulting a lawyer first, as admissions of guilt are often the only evidence the State will have in many leaving the scene cases.