Getting into a car accident can be a frightening and chaotic experience. But before leaving the scene of a car accident in Raleigh, NC or anywhere in North Carolina, it’s crucial to understand your legal responsibilities under state law. Failure to act properly can turn a stressful situation into a serious legal matter, including the risk of criminal charges, driver’s license suspension, or even a felony conviction.
In this blog, we’ll walk you through the steps to take before leaving the scene of a car accident, what the law requires, and what actions can protect your rights and future.
Why You Should Never Leave the Scene of an Accident
Legal Obligations Under North Carolina Law
North Carolina law mandates that any driver involved in a crash must immediately stop their vehicle at the crash scene. Whether it’s a minor fender bender or a serious collision resulting in injuries, leaving the scene is considered a criminal offense. In some cases, it can result in felony charges, particularly in hit and run accidents involving property damage, injuries, or death.
Potential Criminal Charges for Leaving the Scene
If a driver leaves without following the proper protocol, they could face misdemeanor or felony convictions, depending on the circumstances. This could lead to fines, jail time, a criminal record, and driver’s license suspension.
Step 1 – Stop Your Vehicle Immediately
The law is clear: you must immediately stop at the scene of an accident. Do not drive off, even if you believe the damage is minor or that no one is injured. Leaving the scene of a car accident without stopping is a serious offense under North Carolina law.
Step 2 – Check for Injuries and Render Assistance
Prioritize Safety and Medical Attention
Your first priority should be to check if anyone is injured, including yourself, passengers, and the other party. If someone is hurt, rendering aid and seeking medical attention are your legal responsibilities.
Call Emergency Services
Call 911 to request medical care and law enforcement to the accident scene. Not doing so can be used against you later in a criminal case or civil claim.
Step 3 – Move to a Safe Location
If the vehicles involved are creating a hazard and are still operable, move them to the side of the road. This helps prevent further accidents and ensures everyone’s safety. However, don’t leave the scene entirely.
Step 4 – Exchange Information with the Other Party
You are required to exchange information with the other driver. This includes:
- Name and address
- Driver’s license number
- Vehicle registration number
- Insurance details
Failing to do so could be considered leaving the scene, which is punishable by law.
Step 5 – Contact Law Enforcement
Even if the car accident seems minor, it’s essential to file a police report. The investigation creates an official record of the crash, which is valuable for insurance purposes and any future legal case.
Step 6 – Document the Crash Scene
Gather Evidence
Take pictures of:
- Vehicles involved
- Road conditions
- Traffic signs
- Visible injuries
- License plates
This documentation can help prove fault, establish the facts, and defend against criminal charges if needed.
Step 7 – Avoid Admitting Fault
In the heat of the moment, it’s easy to apologize or make statements that suggest you were at fault. Be polite and cooperative, but limit your comments. Let the insurance company and attorney determine liability based on evidence.
Step 8 – Seek Medical Treatment
Even if you feel fine, you should always get checked by a medical professional after a car accident. Some injuries don’t show symptoms right away, and delaying medical treatment can harm both your health and your potential compensation.
Step 9 – Notify Your Insurance Company
Report the accident to your insurance company as soon as possible. Be factual and provide all relevant documentation. Avoid speculating or assuming fault.
Step 10 – Contact a North Carolina Car Accident Lawyer
A skilled attorney can guide you through the legal process, protect your legal rights, and help you navigate complex criminal defense if you’re accused of leaving the scene of a car accident.
What Happens If You Leave the Scene?
Civil and Criminal Consequences
Leaving the scene of a car accident can result in:
- Fines and court fees
- Jail time or probation
- Felony or misdemeanor charges
- A permanent criminal record
- Loss of driver’s license
- Higher insurance rates or denial of coverage
Hit and Run Accidents in North Carolina
In hit and run cases, the state aggressively investigates to track down the driver responsible. If you’re being investigated for a hit and run, you should seek immediate legal guidance to protect yourself from severe criminal charges.
Penalties for Leaving the Scene of a Car Accident
Depending on whether the accident involved only property damage or resulted in injuries, penalties include:
- Class 1 Misdemeanor (property damage only)
- Class H Felony (injury or death involved)
- Up to 39 months in prison
- Loss of driver’s license
- Restitution for medical bills, lost wages, and vehicle repairs
How an Attorney Can Help
Navigating the Legal System
A North Carolina car accident lawyer can help you:
- Understand your legal options
- Build a strong defense
- Negotiate with the insurance company
- Fight for fair compensation
- Reduce or dismiss criminal charges
When to Call a Lawyer
If you’ve been involved in a collision, or accused of leaving the scene, don’t wait. Contact a lawyer immediately—before speaking to the police or insurance company.
Remain Calm and Compliant
In the aftermath of a car accident, emotions can run high. But remaining calm, cooperative, and compliant with the law can prevent unnecessary legal consequences. By taking the right steps before leaving the scene of a car accident, you protect both your rights and your future.
Contact North Carolina Car Accident Lawyers for Immediate Legal Guidance
At North Carolina Car Accident Lawyers, we understand the serious consequences of leaving the scene of a car accident. Whether you were injured, facing criminal charges, or unsure of your legal rights, our experienced team is here to help. Don’t risk your freedom, finances, or future—contact North Carolina Car Accident Lawyers today 864-561-6247 for a free, confidential consultation and take the first step toward protecting yourself and resolving your case.
