What is Leaving the Scene of an Accident in Massachusetts?

Written By: Matthew W. Peterson

Published: 11/25/2023

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In Massachusetts, leaving the scene of an accident is a serious offense that could result in jail time and/or fines, as well as suspension of your driver’s license. If you are charged with this crime, it’s in your best interest to hire an attorney before you appear in court. I take on defense cases all over Massachusetts and have experience defending clients who have been charged with this crime.

What is Leaving the Scene of an Accident in Massachusetts?

In Massachusetts, there are a few different variations of the crime of leaving the scene of an accident.

1. Causing Property Damage Only

Leaving the scene of an accident causing property damage is considered a misdemeanor offense in Massachusetts. The Commonwealth is accusing you of leaving the scene of an accident without making your name, address, and/or motor vehicle register number known after knowingly colliding with or causing damage to another vehicle or property.

2. Causing Personal Injury (not resulting in death)

Leaving the scene of an accident resulting in personal injury is also a misdemeanor offense. This is characterized by leaving the scene of an accident without making your name, address, and/or motor vehicle register number known after knowingly causing injury to another person.

3. Causing Death

The offense of leaving the scene of an accident resulting in another person’s death is a felony. The Commonwealth is accusing you of, without stopping and making your name, residence and the register number of your motor vehicle known, leaving the scene of an accident after knowingly being involved in an accident that caused someone’s death.

What Does the Prosecution Need to Prove?

Keep in mind that the Commonwealth must prove each thing beyond a reasonable doubt in order for you to be convicted.

1. For leaving the scene of an accident causing property damage, the prosecution must prove that

You operated a motor vehicle.
You operated it in a way, or in a place where the public has a right of access, or in a place where members of the public have access as invitees or licensees.
While you were operating the vehicle, you caused damage to another vehicle or property either by colliding with it or in some other way.
You knew you had collided with another’s property, or had in some way caused damage to another’s property, and
After causing such damage, you did not stop and make known your name, home address, and the registration number of the motor vehicle.

2. To be convicted of leaving the scene of an accident causing personal injury not resulting in death, the prosecution must prove that

You operated a motor vehicle.
You operated it in a way, or in a place where the public has a right of access, or in a place where members of the public have access as invitees or licensees.
While you were operating the vehicle, he or she caused damage to another person by either colliding with that person or in some other way.
You knew he or she had collided with another person, or had in some way caused injury to another person, and
After such a collision or injury, you did not stop and make known your name, home address, and the registration number of the motor vehicle.

3. For leaving the scene of an accident causing death, the prosecution must prove that

You operated a motor vehicle.
You operated it on a public way or in a place where the public has a right of access.
While you operated the vehicle, you collided with or caused injuries to another that resulted in death.
You knew that you collided with or caused the death of another, and
That after such collision or injury, you did not stop and make known your name, home address, and the registration number of your vehicle.

What are the Possible Penalties if I’m Convicted?

1. Leaving the scene of an accident causing property damage

A fine of $20-$200, and/or
Imprisonment for not less than 2 weeks nor more than 2 years

2. Leaving the scene of an accident causing personal injury

There is a mandatory minimum sentence for this crime of 6 months ( and no more than 2 years), or
A fine ranging from $500-$1,000.

3. Leaving the scene of an accident causing a person’s death

Mandatory minimum imprisonment in the state prison for 2.5 years (no more than 10 years) and a fine from $1,000 to $5,000, or
Mandatory minimum imprisonment in a jail or house of correction for 1 year (no more than 2.5 years) and a fine ranging from $1,000 to $5,000.

If you have been charged with leaving the scene of an accident, don’t wait to hire an attorney. Going through the criminal system is complex. You will put yourself in a much better position if you have a defense attorney with you throughout the process. I take on defense cases all over the Greater Boston area, and I am here to help you, too. I can meet with you in person in our Boston or Salem office, or virtually via Zoom or phone. You can also send me a message on my website. Call or text me at 617-295-7500, and let’s get started on your case!