Indiana Hit-and-Run Traffic Offenses: Penalties, Defenses, and What to Do Next
Introduction: The Serious Consequences of a Hit-and-Run in Indiana
Imagine you’re driving home late at night when you accidentally clip the bumper of a parked car. You panic and leave the scene. A few days later, the police contact you about a hit-and-run investigation. What happens next?
Hit-and-run offenses in Indiana are taken very seriously. Even if no one was injured, failing to stop after an accident can result in criminal charges, hefty fines, and possible jail time. If injuries or fatalities are involved, penalties increase drastically, and the accused could face felony charges.
📌 This guide explains Indiana’s hit-and-run laws, potential penalties, available defenses, and what to do if you are involved in a hit-and-run accident.
📞 Charged with a hit-and-run in Indiana? Contact Vining Legal LLC at (317) 759-3225 or schedule a free consultation today.
Understanding Indiana Hit-and-Run Laws
A. Legal Definition of a Hit-and-Run in Indiana
Under Indiana Code § 9-26-1, drivers must stop at the scene of an accident that involves:
✔ Property damage (such as another vehicle, a parked car, or a building)
✔ Injury or death of another person
✔ Damage to a utility pole, road sign, or government property
Drivers are required to:
✔ Stop immediately at or near the accident scene.
✔ Provide their name, address, and vehicle registration information to the other driver or law enforcement.
✔ Render reasonable assistance to any injured person, including calling emergency services if necessary.
Failure to do any of these can lead to criminal charges.
B. Penalties for a Hit-and-Run in Indiana
The severity of hit-and-run penalties depends on the circumstances:
| Offense Type | Classification | Penalties |
|---|---|---|
| Leaving the scene of an accident with property damage | Class B Misdemeanor | Up to 180 days in jail, fines up to $1,000 |
| Leaving the scene of an accident with injury | Class A Misdemeanor | Up to 1 year in jail, fines up to $5,000 |
| Leaving the scene of an accident with serious bodily injury | Level 6 Felony | 6 months to 2.5 years in prison, fines up to $10,000 |
| Leaving the scene of an accident with fatality | Level 5 Felony | 1 to 6 years in prison, fines up to $10,000 |
| Leaving the scene while intoxicated | Level 3 Felony | 3 to 16 years in prison, fines up to $10,000 |
Common Defenses Against Hit-and-Run Charges
If you’re charged with a hit-and-run, you may have legal defenses available. Here are some of the most common:
A. Lack of Knowledge
✔ You did not realize an accident occurred.
✔ There was no visible damage or impact at the time.
✔ You had no reason to believe anyone was injured.
📌 TIP: If you were unaware that a collision happened, your attorney can argue that you lacked intent to flee.
B. Mistaken Identity
✔ You were not the driver at the time of the accident.
✔ Your vehicle was misidentified by a witness or surveillance footage.
✔ You were not in the area at the time of the alleged hit-and-run.
📌 TIP: Alibi evidence, such as receipts, phone records, or witness statements, can help prove mistaken identity.
C. Duress or Necessity
✔ You left the scene due to fear for your safety (e.g., being chased or threatened).
✔ You had an emergency situation that required you to leave.
📌 TIP: Proving duress requires strong evidence, such as police reports, 911 call logs, or security footage.
D. Improper Investigation
✔ The police failed to properly document the scene.
✔ There was no physical evidence linking you to the accident.
✔ Witness testimony was unreliable or inconsistent.
📌 TIP: A defense attorney can challenge the accuracy of police reports and witness statements.
E. Driving to a Safe Location
✔ You did not immediately stop because it was unsafe to do so.
✔ You pulled over at the first reasonable opportunity.
✔ Law enforcement misinterpreted your intent, assuming you were fleeing.
📌 TIP: If you had a legitimate reason to drive a short distance before stopping, a defense attorney can argue that your actions were reasonable under the circumstances.
What to Do If You Are Involved in a Hit-and-Run
A. If You Left the Scene
🚨 If you left the scene of an accident, take these steps immediately:
✔ Contact a criminal defense attorney immediately.
✔ Gather evidence—document your whereabouts, keep receipts, and note any vehicle damage.
📌 TIP: Early legal representation can prevent additional charges or increase your chances of reducing penalties.
B. If You Were the Victim of a Hit-and-Run
If someone hit your vehicle and fled the scene:
✔ Call 911 immediately.
✔ Try to get the fleeing vehicle’s license plate number.
✔ Take pictures of the accident scene.
✔ Get witness statements.
✔ Report the accident to your insurance company.
📌 TIP: Even if the other driver is not found, your uninsured motorist coverage may help pay for damages.
The Importance of Legal Representation
A. Protecting Your Rights
Hit-and-run charges can result in severe consequences, including jail time, license suspension, and a permanent criminal record.
✔ A criminal defense attorney can ensure that:
✔ You are not wrongly charged for an accident you didn’t cause.
✔ Your rights are protected during police investigations.
✔ You have access to expert testimony and evidence to support your defense.
B. Building a Strong Defense
✔ Your attorney will review police reports, surveillance footage, and forensic evidence.
✔ They can negotiate with prosecutors to reduce or dismiss charges.
✔ If necessary, they can fight your case in court.
📞 Need legal help? Contact Vining Legal LLC at (317) 759-3225 for a free consultation.
Conclusion: Take Action Now
🚨 Hit-and-run charges in Indiana carry serious penalties, including jail time, high fines, and license suspension.
✔ Understand your rights and the legal process.
✔ Seek legal representation immediately if facing charges.
✔ Act fast to build a strong defense.
📞 Charged with a hit-and-run? Call Vining Legal LLC at (317) 759-3225 or schedule a consultation today!
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