Hit and Run in Virginia

Being involved in a motor vehicle accident can be stressful, particularly when someone is injured or property is damaged. Virginia law imposes specific duties on drivers involved in accidents, including a duty to stop, provide identifying information, and render reasonable assistance when someone is injured.

Failing to comply with those duties can result in a criminal charge commonly referred to as hit and run or leaving the scene of an accident.

Virginia’s primary hit-and-run statute is Virginia Code § 46.2-894. Depending on the circumstances and amount of damage, a conviction can range from a misdemeanor to a Class 5 felony.

Understanding exactly what Virginia law requires—and what the Commonwealth must prove—is important for anyone charged with leaving the scene of an accident.

What Is Hit and Run in Virginia?

Virginia Code § 46.2-894 establishes a driver’s duties when an accident involves:

• The death of a person;
• Injury to a person;
• Damage to an attended vehicle; or
• Damage to other attended property.

The statute requires the driver to immediately stop as close to the scene of the accident as possible without obstructing traffic.

The driver must then provide identifying information, including:

• Name;
• Address;
• Driver’s license number; and
• Vehicle registration number.

The information must be provided to the appropriate law-enforcement authority and, depending upon the circumstances, to the person injured, the driver or occupant of the other vehicle, or the custodian of the damaged property.

The statute also requires the driver to render reasonable assistance to anyone injured in the accident. That can include transporting the injured person to a physician, surgeon, or hospital when medical treatment is apparently necessary or requested by the injured person.

What Is the Penalty for Hit and Run in Virginia?

The potential punishment under Va. Code § 46.2-894 depends primarily upon the consequences of the accident.

Hit and Run Resulting in Injury or Death

If the accident results in injury to or death of any person, a violation of § 46.2-894 is a:

Class 5 felony.

Hit and Run Resulting in More Than $1,000 in Property Damage

If the accident does not involve injury or death but results in more than $1,000 in property damage, the offense is also a:

Class 5 felony.

Hit and Run Resulting in $1,000 or Less in Property Damage

If the accident involves $1,000 or less in property damage, the offense is a:

Class 1 misdemeanor.

Therefore, what might initially appear to be a relatively minor traffic accident can potentially become a felony depending upon the amount of property damage.

What If You Hit an Unattended Vehicle?

Virginia law treats accidents involving unattended property somewhat differently.

Virginia Code § 46.2-896 applies when a driver damages an unattended vehicle or other unattended property and no person is killed or injured.

The driver must make a reasonable effort to locate the owner or custodian of the property.

If the owner or custodian cannot be located, the driver must leave a note or other sufficient information in a conspicuous location at the scene.

The driver must also make a written report to the Virginia State Police or the appropriate local law-enforcement agency within 24 hours.

The written report must contain the information required by § 46.2-894 and must identify the date, time, and location of the accident and describe the property damage.

Is Leaving a Note Enough?

Not necessarily.

One common misconception about Virginia hit-and-run law is that leaving a note always satisfies the driver’s legal obligations.

That is not necessarily true.

When an accident involves an unattended vehicle or other unattended property, § 46.2-896 specifically addresses the driver’s obligations, including attempting to locate the owner and, if the owner cannot be found, leaving identifying information and making the required report.

On the other hand, accidents involving an injury, death, or attended property are governed primarily by § 46.2-894, which contains substantially different requirements.

The precise circumstances of the accident therefore matter.

Does Hit and Run Apply on Private Property?

Yes.

Virginia Code § 46.2-899 provides that the accident provisions in Article 11 apply to accidents occurring on private or public property.

Consequently, the fact that an accident occurs in a:

• Parking lot;
• Shopping center;
• Apartment complex;
• Private driveway; or
• Other private property

does not necessarily mean Virginia’s hit-and-run laws are inapplicable.

This can be particularly important in cases involving parking-lot collisions.

What If the Driver Did Not Know There Was an Accident?

Knowledge can become an important issue in a hit-and-run prosecution.

A driver may sometimes argue that he or she did not realize an accident had occurred.

For example, circumstances might involve:

• A very minor impact;
• Heavy traffic;
• Loud road noise;
• Poor visibility;
• A collision that was not immediately apparent;
• Damage that was difficult to see from inside the vehicle; or
• Conflicting accounts concerning how the collision occurred.

The specific facts matter considerably.

A prosecutor may attempt to establish that the defendant knew—or should have known—that a collision occurred through evidence such as vehicle damage, eyewitness testimony, photographs, surveillance footage, statements, or other evidence.

A defense attorney should examine the evidence carefully rather than simply assuming that the existence of vehicle damage establishes criminal liability.

What If the Driver Was Injured?

Virginia law recognizes that a driver involved in an accident may be physically unable to comply immediately.

Under § 46.2-894, if the driver is prevented from complying because of injuries sustained in the accident, the driver must make the required report as soon as reasonably possible and make reasonable efforts to locate the person struck, the occupants of the other vehicle, or the custodian of damaged property.

Thus, an injured driver’s inability to comply immediately can be an important factual consideration in a hit-and-run case.

Passengers Can Also Have Reporting Duties

Virginia law does not necessarily limit all reporting obligations to the driver.

Under Va. Code § 46.2-895, if the driver fails to stop and make the required report, a person who is 16 years of age or older, who was in the vehicle and had knowledge of the accident, has a duty to ensure that a report is made within 24 hours.

There is a similar provision for passengers when the accident involves only damage to unattended property under Va. Code § 46.2-897.

These provisions can create additional legal issues in cases where passengers were present in the vehicle.

What Are the Penalties for Failing to Report an Unattended Property Accident?

Virginia Code § 46.2-900 establishes penalties for violations of §§ 46.2-895 through 46.2-897.

If the accident results in:

• Injury or death: Class 6 felony;
• Property damage: Class 1 misdemeanor; or
• Damage of less than $250 to unattended property: Class 4 misdemeanor.

A motor-vehicle operator convicted of the Class 4 misdemeanor receives three DMV demerit points.

These offenses are distinct from the principal penalty provision contained in § 46.2-894.

Does the Amount of Damage Matter?

Yes.

The amount of property damage can determine whether a violation of § 46.2-894 is a Class 1 misdemeanor or Class 5 felony.

Under the current statute:

Importantly, Virginia Code § 46.2-898 states that the accident reports required under §§ 46.2-894 through 46.2-897 are required irrespective of the amount of property damage involved.

Hit and Run Is Not Simply a Traffic Ticket

A hit-and-run charge can have significant consequences.

Depending upon the facts, a defendant can be facing a criminal conviction, including a felony conviction.

A felony conviction can potentially affect:

• Employment;
• Professional licensing;
• Security clearances;
• Firearm rights;
• Immigration status;
• Future criminal sentencing;
• Driving privileges; and
• Other civil and legal rights.

The distinction between a misdemeanor and felony hit-and-run charge can therefore be extremely important.

What Should You Do If You Are Charged With Hit and Run in Virginia?

If you are being investigated or have already been charged with hit and run, it is important to speak with a Virginia criminal defense attorney before making statements to law enforcement.

A defense attorney can examine issues such as:

1. Did an accident actually occur?
2. Was the defendant the driver?
3. Did the defendant know an accident occurred?
4. Was anyone injured?
5. Was the property attended or unattended?
6. How much property damage occurred?
7. Did the defendant stop?
8. What information was provided?
9. Was reasonable assistance provided?
10. Was the driver physically capable of complying with the statute?
11. Are there surveillance videos or eyewitnesses?
12. Are the photographs and damage consistent with the alleged collision?

These questions can be critical in determining whether the Commonwealth can prove every required element of the offense.

Virginia Hit and Run Defense

Every hit-and-run case is different.

A person should not assume that because police have identified a vehicle or because there is damage to a vehicle, a conviction is inevitable. The Commonwealth still has the burden of proving the applicable offense beyond a reasonable doubt.

Potential defenses depend upon the facts and evidence. Issues involving identity, knowledge, causation, the amount of damage, whether property was attended, compliance with reporting requirements, and the driver’s physical ability to comply may all become important.

Additionally, the precise statutory subsection under which a person is charged matters.

Frequently Asked Questions About Hit and Run in Virginia

Is hit and run a felony in Virginia?

It can be. Under Va. Code § 46.2-894, hit and run involving injury or death, or more than $1,000 in property damage, is a Class 5 felony. When the property damage is $1,000 or less, it is a Class 1 misdemeanor.

How long do I have to report an accident in Virginia?

The answer depends upon the type of accident. Section 46.2-894 generally requires an immediate stop and reporting when the accident involves injury, death, or attended property. Accidents involving only unattended property are addressed by § 46.2-896, which requires a written report within 24 hours when the owner or custodian cannot be located.

Can I be charged with hit and run for leaving a parking lot accident?

Yes. Virginia’s accident provisions apply to accidents occurring on both public and private property.

What happens if I hit an unattended parked car?

You must make a reasonable effort to locate the owner or custodian. If the owner cannot be located, you must leave identifying information and make the required written report within 24 hours. Va. Code § 46.2-896.

Can a passenger be charged for failing to report an accident?

Virginia law imposes reporting duties on certain passengers who are at least 16 years old and know about the accident when the driver fails to comply. See Va. Code §§ 46.2-895 and 46.2-897.

Conclusion: Virginia Hit and Run Charges Can Be Serious

Virginia’s hit-and-run laws impose significant obligations on drivers involved in motor vehicle accidents. Va. Code § 46.2-894 requires drivers involved in accidents involving injury, death, or attended property damage to stop, provide identifying information, and render reasonable assistance when appropriate.

Depending on the circumstances, leaving the scene can result in a Class 1 misdemeanor or Class 5 felony.

If you or someone you know has been charged with hit and run in Virginia, the specific facts of the accident and the evidence available to the Commonwealth can make a substantial difference in the outcome. An experienced Virginia criminal defense attorney can review the charge, investigate the accident, and determine what defenses may be available.

This article is for general informational purposes and is not legal advice. Virginia law can change, and the application of the law depends upon the specific facts of each case.

Virginia Code Sections Discussed

• Va. Code § 46.2-894 — Duty of driver to stop; injury, death, or attended property damage
• Va. Code § 46.2-895 — Reporting duties of certain passengers
• Va. Code § 46.2-896 — Accidents involving unattended property
• Va. Code § 46.2-897 — Reporting duties of passengers involving unattended property
• Va. Code § 46.2-898 — Accident reports required regardless of amount of property damage
• Va. Code § 46.2-899 — Application to private and public property
• Va. Code § 46.2-900 — Penalties for violations of §§ 46.2-895 through 46.2-897