You’re driving. There’s a bump, maybe a scrape. You pull over or maybe you don’t. You panic, and you leave. Later, you find out someone called the police, and now you’re looking at criminal charges for leaving the scene of an accident.
One Moment of Panic Can Lead to Criminal Charges
You’re driving. There’s a bump, maybe a scrape. You pull over or maybe you don’t. You panic, and you leave. Later, you find out someone called the police, and now you’re looking at criminal charges for leaving the scene of an accident.
At the Marc Lopez Law Firm, we help people clean up after honest mistakes. Indiana law takes post-accident conduct seriously. If you leave before you’ve done what’s required, you could be facing jail time, even if the accident wasn’t your fault.
Here’s what the law says, what you’re required to do, and how we can help if you’ve been charged.
You’re Legally Required to Stop
Indiana Code § 9-26-1-1.1 says that anyone involved in a vehicle accident must “immediately stop” either “at the scene” or “as close [] as possible,” and do so in a way that “does not block traffic more than necessary.” So if you’re on a busy interstate, no one expects you to stop in a live lane, but pulling off to the shoulder or an exit ramp is not optional.
This applies whether it’s a fender bender or a serious wreck. If there’s contact, you’re required to stop.
Then You Have to Stick Around and Share Specific Info
Once you’ve stopped, the law requires you to remain at the scene long enough to share:
- Your name
- Your address
- The registration number of your vehicle
- And to show your driver’s license to anyone involved, including passengers or anyone assisting at the scene
That’s straight from subsection (a)(2) of the statute. It’s not a courtesy, it’s the law. If you leave before doing this, even without bad intent, you could be charged with leaving the scene, also known as failure to stop after an accident.
If Someone’s Hurt, You Have Even More to Do
Things get more serious when there’s an injury or fatality.
In these cases, Indiana law adds extra obligations. You’re required to:
- Provide reasonable assistance to anyone injured or trapped, as directed by police, medical personnel, or a 911 operator (per § 9-26-1-1.1(a)(3)(A))
- Ensure the accident is reported “by the quickest means of communication” to local police, a county sheriff, state police post, or a 911 operator (subsection (a)(3)(B))
This means you can’t just rely on someone else at the scene to call it in. The law says you’re responsible for making sure that call gets made.
What If the Other Vehicle Is Unattended?
Let’s say you bump a parked car or back into a fence. You’re still not off the hook.
The law says you must make a reasonable effort to notify the property owner. If you can’t find them after a reasonable attempt, you’re required to report the incident to law enforcement and provide your contact information (see § 9-26-1-1.1(a)(4)).
Leaving without doing either can lead to criminal charges.
What Are the Penalties for Leaving the Scene?
Here’s where things can escalate quickly.
- If you fail to stop and exchange the required info, you’re looking at a Class B misdemeanor, which carries up to 180 days in jail and a $1,000 fine (Ind. Code § 9-26-1-1.1(b)).
- If someone suffers bodily injury, that bumps the charge to a Class A misdemeanor, meaning up to a year in jail and $5,000 in fines. (Ind. Code § 9-26-1-1.1(b)(1)).
- If the injury is moderate or serious, or if you have a qualifying conviction from the past five years (including certain driving offenses), you’re now looking at a Level 6 felony and up to 2.5 years in prison. (Ind. Code § 9-26-1-1.1(b)(2)).
- If someone dies or suffers catastrophic injury, the charge becomes a Level 4 felony, punishable by up to 12 years. (Ind. Code § 9-26-1-1.1(b)(3)).
- If you were also operating while intoxicated and left the scene, you could be charged with a Level 3 felony, which carries up to 16 years behind bars. (Ind. Code § 9-26-1-1.1(b)(4)).
Subsection (c) also says that each injured or deceased person counts as a separate offense. So if multiple people were hurt, the charges stack.
But I Didn’t Mean to Break the Law…
That’s something we hear all the time and it’s often true. People panic. They’re confused. They assume they’re not at fault or they don’t know what to do. Sometimes they genuinely don’t realize someone was hurt.
But the law doesn’t require bad intent. It only requires that you knowingly or intentionally failed to comply with your legal duties after a crash. If you didn’t stop or didn’t share the required information, that’s enough for the State to bring charges.
What to Do If You’ve Already Left
If you’ve been contacted by law enforcement or if you think a report has been filed against you, don’t wait for a warrant. Get ahead of it. Contact a criminal defense attorney immediately.
At the Marc Lopez Law Firm, we know how to:
- Communicate with investigators on your behalf
- Push back on overcharged cases
- Fight to keep a misdemeanor from becoming a felony
- Work to protect your license, your record, and your freedom
We’ve helped people resolve these cases quietly. We’ve taken them to trial. We’ve even had charges dismissed. But none of that happens if you sit back and hope it goes away.
Make the Right Call
Leaving the scene of an accident can seem like a minor misstep, but Indiana law treats it as a serious crime. Whether you made a split-second mistake or you’re being unfairly accused, the best thing you can do is talk to a lawyer who understands how to fight back.
Call the Marc Lopez Law Firm today at 317-632-3642 for a free consultation. We’ll explain the law, your options, and the best path forward.
And remember: always plead the 5th.
