Washington State Attended Hit and Run Law

In Washington State, the hit-and-run law refers to instances where a driver is involved in an accident and fails to stop and provide the necessary information or fails to render aid. The specifics of the law and penalties differ based on whether the accident involved an attended or unattended vehicle or property.

What Does “Attended” Mean?

“Attended” in the context of a hit-and-run incident refers to a vehicle or property occupied or with an owner or other person present at the time of the collision.

The term “attended” broadens the context to include vehicles and any property with a responsible or associated party present during the incident. Here are some examples.

• Driver Scenario: Two cars are waiting at a red light. Car A rear-ends Car B and then speeds away. Car B is considered “attended” because the driver was inside when the collision occurred.
• Passenger Scenario: A parked car has a passenger waiting inside while the driver enters a store. Another vehicle sideswiped the parked car and drove off. Despite the driver being absent, the car is still “attended” due to the passenger’s presence.
• Property Owner Scenario: A homeowner is mowing their front lawn. A car drives by, swerves off the road and knocks over the homeowner’s mailbox before speeding away. In this case, even though a mailbox is an inanimate object, the situation can be considered to involve an “attended” property because the homeowner witnessed the event.
• Bicycle Scenario: A cyclist is taking a break by the side of the road, standing next to their bicycle. A passing vehicle clips the bike, causing damage, then drives off without stopping. The bicycle is attended to here since the cyclist was present during the incident.
• Storefront Scenario: A shop owner is setting up displays in the store’s front window when a car mistakenly accelerates into the window, causing damage, reversing, and driving away. The shop would be “attended” since the owner was present during the accident.

What Does Washington State Mean By “Leaving the Scene of an Accident”?

In Washington State, “leaving the scene of an accident” means a driver does not stop after being involved in a collision, whether with another vehicle, a pedestrian, or property. The law mandates that a driver involved in an accident must stop, provide their information, and render aid if necessary.

Collision with Another Vehicle

John is driving on a rainy day and accidentally rear-ends Sarah’s car at a stoplight. Instead of stopping, John speeds away.

John should have safely pulled over to the side of the road or into a nearby parking area, checked if Sarah was okay, and exchanged relevant information like name, address, driver’s license, and insurance details.

Collision with a Pedestrian

Maria is driving in a neighborhood when she gets distracted and hits David, who is crossing the street. Panicking, Maria drives off without checking on David.

Maria should have immediately stopped her car, checked David’s well-being, and called 911 if he was injured. She should also provide her personal and insurance information to David or any attending police officers.

Collision with Property

Kevin is trying to parallel park downtown but miscalculates and backs into a storefront’s glass window. Startled, he drives away without alerting the store owner.

Kevin should have notified the store owner or manager about the incident, provided his contact and insurance details, and left a note with his information and a brief explanation if the property owner wasn’t present.

Rendering Aid

Emily is driving at night when she accidentally hits an animal on the road. Instead of stopping to check, she continues driving.

While hitting an animal isn’t the same as hitting a person or property, the concept of rendering aid still applies. Emily should have stopped at a safe distance, checked the animal’s condition, and called local authorities or animal control to report the incident and seek assistance if needed.

Each of these examples underscores the importance of stopping after an accident, not only as a legal responsibility but also as a moral and ethical one. In Washington State, as in many places, “leaving the scene of an accident” without fulfilling these obligations can have serious legal consequences.

What Is the Penalty for Hitting an Attended Vehicle and Fleeing?

Hitting an attempted vehicle and fleeing in Washington State is a more serious offense than hitting an unattended vehicle. If convicted, the individual could face gross misdemeanor charges, which might result in substantial fines, jail time of up to 364 days, or both.

The process for being charged, tried, and potentially convicted for hitting an attended vehicle and fleeing in Washington State typically involves several stages. Here’s a walkthrough of this process.

1. The Incident and Report

Upon hitting an attempted vehicle and fleeing, the first step usually involves the victim or witnesses reporting the incident to law enforcement. This can be done at the scene via a phone call to the police or soon after the incident if the victim or witnesses can capture the license plate or other identifying details of the offending vehicle.

2. Investigation

Once reported, law enforcement officers will initiate an investigation. This can involve collecting evidence from the scene, interviewing witnesses, checking nearby surveillance cameras, and tracking down the offending vehicle’s owner using license plate information if available.

3. Identification and Arrest

If the authorities can positively identify the driver who fled the scene, they may be arrested and taken into custody. Sometimes, the driver might receive a summons or citation asking them to appear in civil court instead of being immediately arrested.

4. Charges Filed

After the arrest or issuance of a summons, formal charges are filed by the prosecutor’s office. The charge would likely be a gross misdemeanor in Washington State if hitting an attempted vehicle and fleeing.

5. Arraignment

The accused will have an arraignment, formally charged, and asked to enter a plea (guilty, not guilty, or no contest).

6. Pre-trial Proceedings

If the accused pleads not guilty, there might be pre-trial motions and hearings where evidence can be presented, witnesses can be called, and both sides prepare for a trial.

7. Trial

The case goes to trial if no plea agreement is reached before this stage. Here, the prosecutor will attempt to prove beyond a reasonable doubt that the accused committed the crime. The defense will present their side, possibly providing evidence or explanations to counter the charges.

8. Verdict

After both sides have presented their case, the judge or jury will deliver a verdict. If found guilty, the accused will move on to the sentencing phase.

9. Sentencing

The judge will decide the appropriate punishment based on the evidence presented, the nature of the crime, and any prior convictions the accused might have. In Washington State, the potential penalties for the offense in question include substantial fines or jail time of up to 364 days.

10. Appeals (if necessary)

If the convicted individual believes there were legal errors made during the trial, they can appeal the verdict to a higher court.

Will My Driver’s License Be Suspended?

Yes, in Washington State, if a driver is convicted of a hit and run involving an attempted vehicle, their driver’s license can be suspended. The duration of the suspension can vary based on the specifics of the case and any prior convictions.

What If I Hit a Vehicle with My Car and Then Fled? Is It the Same Sentence?

Yes, in Washington State, you can be charged with a hit and run if you hit another vehicle (whether it’s attended or unattended) and then flee the scene without providing your information. The penalties vary based on whether the vehicle was attended to or unattended, with more severe consequences for the former.

Should I Hire a Lawyer for My Case?

If you’re facing charges related to a hit and run in Washington State, seeking legal counsel is essential. These offenses can carry severe penalties, including jail time, fines, and license suspension.

A skilled traffic violation lawyer can help navigate the complexities of the law, provide valuable guidance, and advocate for your rights in court. If you need assistance finding a qualified attorney, LegalMatch can help connect you with a Washington traffic violation lawyer tailored to your needs.