Washington Law: The Definition of a Hit-and-Run

It is one of the most cowardly and infuriating acts on the road. A driver causes a collision—damaging your car, injuring you or a passenger—and then, instead of stopping to face the consequences, they speed away, leaving you shocked and alone in the aftermath. This act is known as a hit-and-run.

In Washington State, a “hit-and-run” is not just an insurance term; it is a serious crime with significant legal penalties. The law is crystal clear about the duties a driver has after being involved in a collision. Fleeing the scene is a direct violation of those duties.

Understanding the legal definition of a hit-and-run is crucial for victims. It clarifies your rights and explains the severe consequences the other driver faces if they are identified and caught. It also underscores why your actions at the scene—gathering whatever information you can—are so vital.

Useful Information for You: In a Nutshell

• What It Is: A hit-and-run occurs when a driver involved in an accident fails to stop, provide their information, and render aid if necessary.
• It is a Crime: Fleeing the scene of an accident is a criminal offense in Washington State.
• The Penalties Depend on the Damage: The severity of the charge—from a simple misdemeanor to a serious felony—depends on the extent of the property damage and whether anyone was injured or killed.
• A Driver’s Duty is Clear: Washington law (RCW 46.52.020) legally requires any driver in a collision to stop, provide their name, address, insurance, and license information, and offer reasonable assistance to anyone injured.
• Your Insurance Can Protect You: For victims, a hit-and-run is typically covered by their own Uninsured/Underinsured Motorist (UIM) policy.

The Legal Duty to Stop: What the Law Requires

The foundation of Washington’s hit-and-run law is found in RCW 46.52.020. This statute clearly outlines the duties of any driver involved in an accident that results in injury to a person or damage to an attended vehicle. A driver MUST:

1. Immediately stop their vehicle at the scene of the accident or as close thereto as possible without obstructing more traffic than is necessary.
2. Remain at the scene until they have fulfilled all legal requirements.
3. Provide their name, address, and vehicle registration number to the other party.
4. Exhibit their driver’s license upon request.
5. Render “reasonable assistance” to any person injured in the accident, including making arrangements for them to be taken to a hospital.

A driver who willfully fails to perform any of these duties has committed the crime of hit-and-run.

The Different Levels of a Hit-and-Run Crime

Not all hit-and-runs are treated the same. The legal consequences for the fleeing driver depend on the severity of the crash.

1. Hit and Run – Unattended Property (Simple Misdemeanor)

This is the least severe charge. It applies if a driver hits an unattended parked car or other property (like a mailbox) and leaves without trying to locate the owner or leaving a note with their contact information.

2. Hit and Run – Attended Property (Gross Misdemeanor)

This is the most common type of hit-and-run charge. It applies if a driver is in a collision with another vehicle that is occupied, causes only property damage, and then flees without exchanging information.

3. Hit and Run – Injury or Fatality (Class B or C Felony)

This is the most serious charge with the most severe penalties.

• If the accident results in an injury to any person, the driver is guilty of a Class C Felony.
• If the accident results in a death, the driver is guilty of a Class B Felony, which carries a potential prison sentence of up to 10 years.

What This Means for You, the Victim

When you are the victim of a hit-and-run, the criminal case against the other driver (if they are caught) is handled by the state prosecutor. While this may bring a sense of justice, it does not directly pay for your bills.

Your financial compensation will come from your Uninsured/Underinsured Motorist (UIM) coverage. This is the part of your own insurance policy designed for this exact situation. It acts as the insurance that the fleeing driver should have had. To make a successful UIM claim, an official police report documenting the hit-and-run is essential.

Being the victim of a hit-and-run is a frightening and frustrating experience. It is a complex situation that involves both a criminal investigation and a civil insurance claim. If you have been injured in a hit-and-run in the Tacoma area, search the Car Accident Lawyer Directory Tacoma. Compare profiles and find a trusted local attorney who can help you navigate the claims process and fight for the full compensation you are entitled to under your own policy.

References

• Revised Code of Washington (RCW 46.52.020) – Duty in case of personal injury or death or damage to attended vehicle or other property:The official state law that defines the legal duties of a driver after an accident, the violation of which constitutes a hit-and-run.

  https://app.leg.wa.gov/rcw/default.aspx?cite=46.52.020

• Washington State Legislature – Felony Classifications:Provides the sentencing guidelines for Class B and C felonies in Washington State, which apply to injury or fatal hit-and-run accidents.

  https://app.leg.wa.gov/rcw/default.aspx?cite=9A.20.021

• Washington State Office of the Insurance Commissioner (OIC) – Uninsured/underinsured motorist (UIM) coverage:The official consumer guide from the OIC, explaining how UIM coverage protects victims of hit-and-run accidents.

  https://www.insurance.wa.gov/what-uninsuredunderinsured-motorist-uim-coverage-and-do-i-need-it