Hit and Run

Leaving the Scene Causing Personal Injury or Property Damage 

If you are charged with leaving the scene of a collision, you have two major concerns: the criminal charge and your license. In the criminal case, the prosecution will need to prove that you were involved in a collision either causing property damage or personal injury. In addition, they must prove that you left the scene of that collision without properly exchanging your identifying and insurance information.

As with all criminal charges, it makes sense to have an attorney represent you because there are areas of the law and facts about your case that you may not be familiar with.

What Does the Prosecution Actually Have to Prove?

Massachusetts law (M.G.L. c. 90, § 24) treats leaving the scene of property damage and leaving the scene of personal injury as two distinct charges, each with its own elements and penalties. In either case, the Commonwealth must prove not only that you were involved in the collision and that you left, but that you knew, or should have known, a collision had occurred. This last element is often the most contested part of these cases: many people are charged after a minor contact they genuinely did not notice, such as clipping a parked car in a lot or a low-speed bump in traffic. Whether the Commonwealth can prove knowledge beyond a reasonable doubt is frequently the difference between a conviction and a dismissal.

Property Damage vs. Personal Injury: Why the Distinction Matters

Leaving the scene of property damage is generally charged as a misdemeanor, but it still carries the possibility of jail time, a fine, and license consequences. Leaving the scene after an accident causing personal injury is charged far more seriously and carries mandatory minimum penalties, including a jail sentence and a lengthy license suspension upon conviction. If the injury is serious, or if the case involves a fatality, the charge escalates further and the Commonwealth will pursue it far more aggressively. Understanding exactly which charge you’re facing, and why, shapes the entire defense strategy from day one.

What Happens After A Leaving The Scene Arrest? The Court Process

1. Arraignment: your first court appearance, charges are read, plea of not guilty entered.
2. Pretrial Conference: where much of the case strategy, including motion practice, gets set.
3. Motion Hearings: arguments to suppress evidence (the stop, tests, or statements) before trial.
4. Trial or Disposition: a bench or jury trial, or a negotiated resolution such as a Continuation Without a Finding (“CWOF”) or dismissal.

Common Defenses in Hit and Run Cases

Because these cases hinge heavily on identification and knowledge, several defenses come up often: mistaken identity (was your vehicle actually the one involved, or misidentified from a partial plate or vague witness description?); lack of knowledge that a collision occurred at all; and challenges to how police identified you as the driver, including any statements you may have made during an investigation before being properly advised of your rights. Attorney Collins reviews the police investigation carefully to identify which of these, or other issues, apply to your case.

Will You Lose Your License?

For many clients, the license consequences matter as much as the criminal penalty itself. If your case involves personal injury, Massachusetts law generally requires license revocation upon conviction, and getting that license back afterward is its own separate process before the Registry of Motor Vehicles. Attorney Collins works to resolve these cases in ways that protect your ability to drive, through negotiated pleas to lesser charges, dispositions that avoid a conviction altogether, or, where the facts support it, taking the case to trial.

Contact Massachusetts Hit and Run Attorney Kevin R. Collins For a Complimentary Consultation

Attorney Collins has successfully represented clients charged with leaving the scene causing property damage or personal injury and would be happy to work with you to achieve a positive result in your case. Contact Massachusetts Hit and Run Attorney Kevin R. Collins for a complimentary consultation today.