Hit and run, legally referred to as “failure to stop after an accident” in Ohio, is a serious offense that can lead to severe criminal and civil consequences. Ohio Revised Code (ORC) § 4549.02 and § 4549.021 outline the legal obligations of drivers involved in accidents, including the duty to remain at the scene and provide assistance or information.
Cincinnati Attorney for Hit and Run Charges
While many hit and run cases are entirely illegal, there are legitimate reasons to leave the scene of an accident, even if you are at fault. These reasons usually include safety, such as if the other driver is physically agitated or produces a weapon, then you may have a valid reason to flee the accident.
Unfortunately, even if you contact the police soon after leaving the accident, you may still be charged with a hit-and-run. If that is the case, you need to contact an experienced traffic crimes attorney at Wieczorek Law Firm.
The Wieczorek Law Firm, LLC, has represented clients accused of traffic for over 16 years. As a former prosecuting attorney, Mark Wieczorek understands what it takes to negotiate on your behalf with the Cincinnati Police Department. The Wieczorek Law Firm, LLC serves Hamilton County, including the major Cincinnati metropolitan area.
Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our contact form.
Overview of Hit and Run Charges in Ohio
- Hit and Run Charges under Ohio Law
- Penalties for a Hit and Run in Ohio
- Civil Consequences
- Hire an Attorney for Hit and Run charges in Cincinnati, OH
Hit and Run Charges under Ohio Law
Ohio law requires drivers involved in motor vehicle accidents to stop and fulfill specific obligations. The requirements depend on whether the accident results in property damage, injury, or death.
Duty to Stop and Provide Information (ORC § 4549.02)
Drivers involved in accidents resulting in injury or death to a person or damage to another vehicle must:
- Stop immediately at or near the scene of the accident.
- Remain at the scene until fulfilling legal requirements.
- Provide their name, address, and vehicle registration number to the other party or a law enforcement officer.
- Render reasonable aid to injured individuals, including arranging transportation for medical treatment if necessary.
Accidents Involving Unattended Vehicles (ORC § 4549.021)
If the accident involves damage to an unattended vehicle or property, the driver must:
- Stop immediately and take reasonable steps to locate the owner or person in charge of the damaged property.
- Leave a written note with their name, address, and vehicle registration number in a conspicuous place if the owner cannot be located.
Failure to fulfill these duties constitutes a hit and run offense under Ohio law.
Penalties for a Hit and Run in Ohio
The penalties for hit and run depend on the severity of the accident and whether it resulted in property damage, injury, or death.
- Property Damage
- Offense: First-degree misdemeanor.
- Penalties:
- Up to 6 months in jail.
- Fines up to $1,000.
- Possible license suspension.
- Injury
- Offense: Fifth-degree felony.
- Penalties:
- 6 to 12 months in prison.
- Fines up to $2,500.
- Mandatory license suspension for up to three years.
- Serious Injury or Death
- Offense: Third-degree felony.
- Penalties:
- 1 to 5 years in prison.
- Fines up to $10,000.
- Mandatory license suspension for up to five years or permanently.
Aggravating Factors
Certain factors can elevate the severity of a hit and run charge or result in additional penalties:
- Intoxication: If the driver was under the influence of drugs or alcohol, additional charges such as OVI (Operating a Vehicle Impaired) may apply.
- Prior Convictions: Repeat offenses may result in harsher penalties.
- Fleeing Law Enforcement: If the driver attempts to evade police after leaving the scene, they may face additional charges for fleeing or eluding.
In addition to the above penalties, insurance companies may issue a default judgement against the driver, and may drop the driver altogether.
Civil Consequences
In addition to criminal penalties, hit and run incidents often lead to civil lawsuits. Victims may seek compensation for:
- Medical expenses.
- Property damage.
- Lost wages.
- Pain and suffering.
A conviction for hit and run can significantly impact the outcome of civil litigation, often resulting in higher damages awarded to the victim.
Prevention and Best Practices
To avoid hit and run charges, drivers should:
- Familiarize themselves with Ohio’s legal obligations for accident involvement.
- Always carry identification, insurance, and vehicle registration documents.
- Remain at the scene of any accident and contact law enforcement if injuries or significant damage occur.
Hire an Attorney for Hit and Run charges in Cincinnati, OH
The Wieczorek Law Firm, LLC, has represented clients accused of traffic for over 16 years. As a former prosecuting attorney, Mark Wieczorek understands what it takes to negotiate on your behalf with the Cincinnati Police Department. The Wieczorek Law Firm, LLC serves Hamilton County, including the major Cincinnati metropolitan area.
Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our contact form.