From a Fender Bender to a Felony: Leaving the Scene of an Accident in Zionsville

Car collisions are commonplace in and around Zionsville. While a crash is typically a civil matter, anyone accused of leaving the scene of an accident in Zionsville can face potentially serious criminal charges.

If you are facing accusations that you unlawfully left the scene of a crash, you can rely on a car accident attorney to get your side of the story across and clear you of any wrongdoing.

What Counts as Leaving the Scene of an Accident?

In 2024, Indiana saw 200,035 vehicle collisions, and certain types of cases can involve law enforcement. Of those crashes, 10.6% involved high speeds, while 1.7% involved drunk driving. Drivers involved in a collision have legal duties regardless of who caused the accident. Failing to remain at the scene to satisfy those obligations can result in serious criminal charges.

Under Indiana Code § 9-26-1-1.1, drivers involved in a collision must remain at the scene of the crash until law enforcement arrives. After which, they must provide their names, addresses, vehicle registration information, and other forms of identification. If a collision results in a serious crash, any driver who flees the scene of the accident could face criminal charges. This offense can become even more serious when the accident involves a crash or death.

When a Hit-and-Run Can Become a Felony?

Whether a collision occurred near Eaglewood Estates, Starkey Park, or elsewhere in Zionsville, leaving the scene of a collision before police arrive could lead to serious consequences. Leaving the scene of a vehicle wreck becomes a Level 6 felony when the collision results in moderate or serious bodily injury to another person or if the driver has qualifying prior traffic convictions.

The offense increases to a Level 4 felony if the accident results in death or catastrophic injury, and to a Level 3 felony if the driver knowingly leaves the scene after causing serious bodily injury or death while under the influence of drugs or alcohol. Felonies carry the potential for confinement in a state with roughly 46,000 residents serving time behind bars.

Defending Against Leaving the Scene Charges

The crime rate in Zionsville, IN, is 13.89 per 1,000 residents in a typical year, and the right defense strategy can protect you from becoming part of those statistics. If there was only minor contact between the vehicles, the defendant could argue that they did not know they were involved in a collision. This could negate the element of criminal intent.

In other cases, the driver may have stopped long enough to complete basic steps, or attempt to complete basic steps, such as exchanging information, before leaving. This could show that the defendant complied or substantially complied with the statute. Other cases could focus on misidentification and whether prosecutors charged the wrong person with a crime. The burden of proof falls on the state, and the right defense can prevent a conviction.

Why You Should Hire a Criminal Defense Lawyer?

Being accused of leaving the scene of an accident in Zionsville can put your freedom and reputation in jeopardy. With the right legal representation from the award-winning lawyers at The Criminal Defense Team, you can get your side of the story across and potentially avoid a serious conviction. Keep in mind that awards are not guarantees of future results. Selection criteria vary by organization.

When you hire a car accident lawyer, you gain support from a Zionsville car accident attorney who understands the state’s felony laws and how to defend your car accident case. A defense lawyer from The Criminal Defense Team can review the evidence, collect new evidence, and take decisive steps to protect you from the penalties of a serious conviction.

*Andrew Baldwin, Kathie Perry, Maxwell Wiley, Kelly Pyle, and Michael C. Cunningham are Board-Certified Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here.

FAQs

Is Leaving the Scene of an Accident a Felony in Indiana?

Yes. Leaving the scene of an accident could potentially lead to felony charges. Other cases could be charged as a misdemeanor. The specific charge depends on various factors, such as whether there was bodily injury or death, or whether the driver was intoxicated when they fled. Prior qualifying convictions can also lead to enhanced penalties.

What Penalties Apply to Leaving the Scene of an Accident in Indiana?

Depending on the circumstances of the case, penalties can range from confinement in jail or prison to heavy fines. A criminal conviction can lead to long-term hardships, such as difficulty securing future employment or housing. Many jobs require workers to have clean records or zero convictions tied to operating a motor vehicle.

How Can Someone Contest a Leaving the Scene Charge?

Someone can contest a criminal accusation that they left the scene of a crash by working with a defense attorney who understands the state’s burden of proof and the steps that are needed to prevent prosecutors from proving their case. The right defense strategy should be tailored to the facts of the case and focused on casting doubt on the state’s accusations.

Is It Illegal to Leave the Scene of a Minor Fender Bender in Indiana?

Yes. Any accident that results in vehicle damage requires both parties to remain at the scene of the crash until they have exchanged information. Serious collisions should be reported to the police by calling 911 or a non-emergency line if no one is seriously hurt. Failing to complete these steps could lead to criminal charges and potentially a felony charge.

Contact The Criminal Defense Team Today

A hit-and-run allegation can quickly escalate from a traffic offense to a serious criminal charge with lasting consequences. If you have been accused of leaving the scene of an accident, The Criminal Defense Team of Baldwin Perry & Wiley, P.C., which includes five Board-Certified Criminal Trial Specialists, can review the facts, explain your legal options, and develop a defense strategy tailored to your case.

Our firm includes five Board-Certified Criminal Trial Specialists, a distinction earned by only 0.04% of Indiana defense attorneys. By carefully examining the evidence, challenging the prosecution’s case, and protecting your constitutional rights, our attorneys work to achieve the most favorable outcome possible. Reach out to our office today to schedule a confidential consultation so we can begin building your defense.