Leaving the Scene of an Accident Causing Injury

Respected Suffolk County Criminal Defense Attorney Defending Clients in Hit and Run Cases

Accidents happen—but leaving the scene of an accident involving injury is treated as a serious crime in Massachusetts. Whether the injury was minor or severe, failing to stop and provide your information can lead to harsh penalties, including jail time, loss of your driver’s license, and a permanent criminal record. In moments of panic, fear, or confusion, some people make a split-second decision to drive away without realizing the full consequences. At the Law Office of Patrick J. Murphy, we understand that not every case is as clear-cut as it seems. With over 27 years of experience, Attorney Murphy is a Boston criminal defense lawyer who knows how to help clients fight to protect their future when facing motor vehicle offenses.

Understanding the Law in Massachusetts

Under Massachusetts General Laws Chapter 90, Section 24(2)(a½)(1), any driver who knowingly leaves the scene of a motor vehicle accident that causes injury—without stopping to provide their name, address, and vehicle registration—is committing a criminal offense. This applies even if the driver was not at fault for the accident.

Unlike accidents involving property damage, injury-related cases are charged more aggressively and often prosecuted with greater scrutiny by both the police and the courts.

What the State Must Prove

To convict someone of leaving the scene after causing injury, prosecutors must establish that:

• You were the operator of the vehicle involved in the accident
• The accident resulted in bodily injury to another person
• You knew (or reasonably should have known) that an injury occurred
• You failed to stop and provide the required information

Even if you weren’t at fault for the accident itself, leaving without identifying yourself is a crime.

Penalties for Leaving the Scene Involving Injury

A conviction for this offense comes with significantly tougher penalties than cases involving property damage alone. The consequences may include:

• A mandatory minimum sentence of 6 months in jail
• A maximum sentence of up to 2 years in jail or 10 years in state prison
• Fines of up to $5,000
• Automatic license suspension for at least 1 year
• A permanent criminal record

These are not just theoretical risks—prosecutors take these cases seriously and often create harmful narratives about why you left the scene that may not even be close to the truth.

Why People Leave the Scene—and How to Explain It

Most people who leave the scene of an injury accident aren’t criminals. They may be scared, unaware that someone was hurt, or confused about what to do. Common reasons include:

• Panic or fear of being arrested
• Uncertainty about whether anyone was injured
• Unsafe conditions for stopping
• Driving on a suspended license or without insurance

Regardless of the reason, the court may be more lenient if you come forward voluntarily and take responsibility before a warrant is issued or formal charges are filed. Attorney Murphy has helped many clients in this situation contact the authorities through legal channels and minimize the damage before it gets worse.

Defenses in Hit-and-Run Injury Cases

Every case is different, but there are several defenses and mitigating factors that may apply:

Lack of knowledge. If you were unaware that a person was injured, that can be a strong defense. However, the knowledge element attaches to the collision, not the injury. So lack of knowledge may be a defense if your vehicle glanced a pedestrian, but probably not if the case involved a multi-vehicle accident.

Mistaken identity. In hit-and-run cases, police sometimes rely on witness statements or partial license plates. If the identification of the driver is weak or based on assumptions, the case may not hold up.

Injury not caused by the driver. Even if you were present at the scene, the injury may have been caused by another vehicle or person. The burden is on the prosecution to prove that your car was involved in causing the injury.

Good-faith effort to report. If you left the scene briefly but attempted to report the incident or return shortly afterward, that can be an important factor for the court to consider.

A skilled defense attorney can analyze the police report, accident reconstruction, and witness statements to raise reasonable doubt or negotiate for a reduced charge.

Get Experienced Legal Help Before It’s Too Late

Leaving the scene of an accident causing injury is a serious charge that demands immediate attention. These cases often move quickly and can result in arrest warrants, license suspension, or jail time if not handled properly. If you’ve already been contacted by the police or suspect you’re under investigation, don’t wait to act. Attorney Patrick J. Murphy has decades of experience representing clients charged with hit-and-run and other motor vehicle crimes in Boston. He knows how to intervene early, protect your rights, and work toward the best possible outcome. Call the Law Office of Patrick J. Murphy today at (617) 367-0450 to schedule a free and confidential consultation.