A Virginia hit and run charge involving injury or death is a FELONY and will remain on a driver’s permanent criminal record. A Virginia hit and run charge involving injury or death is also known as “Failure to Report an Accident.”
Requirements of Virginia Driver Involved in Accident in Which Death or Injury Results
Va. Code §46.2-894 criminalizes failure to report an accident involving injury or death. It does not matter who was at fault for the accident. A driver involved in an accident resulting in injury or death must stop as close to the scene of the accident as possible, without obstructing traffic, and provide:
- his name
- driver’s license number, and
- vehicle registration number
- the police
- the person struck by his vehicle, or
- the driver or occupant of the other car involved in the accident
The driver also must render “reasonable assistance” to anyone injured. This reasonable assistance includes taking the injured person to a doctor or hospital if he requests it or it appears necessary.
If the driver himself was injured in the accident and unable to provide the required information, he must make a reasonable effort to locate the person injured as soon as possible and provide the required information, as well as provide the information to the police.
A passenger in a vehicle involved in an accident who is over 16 years old can also be charged with a hit and run in Virginia if he knew of the accident, knew the driver did not report it, and failed to report it himself within 24 hours. A passenger’s failure to report an accident involving injury or death is a felony under Va. Code §46.2-895. For more information on passenger liability for a hit and run in Virginia, click here.
Penalties for Virginia Hit and Run Charge Involving Injury or Death
A Virginia hit and run charge involving injury or death is punished with jail, fines, driver’s license revocation, and DMV demerit points.
A driver convicted of a Virginia hit and run involving injury or death under Va. Code §46.2-894 will be convicted of a Class 5 felony, punished with up to 10 years in prison, a fine up to $2,500, and driver’s license revocation for one year. The DMV will add 6 demerit points to the offender’s Virginia driving record.
A fourth conviction for a hit and run resulting in property damage over $1,000, injury or death, or failing to report an accident as a passenger will result in driver’s license revocation for 5 years.