July 01, 2026
When another driver hits your vehicle and leaves the scene, you face a stressful situation. You may wonder what happens next, what penalties for hit-and-run the other driver faces, and how to protect yourself. Leaving the scene of an accident in Indiana carries serious legal consequences, with penalties that range from misdemeanors to felonies depending on the circumstances. Custy Law Firm helps people accused of leaving the scene understand their options and rights, and also advises injured victims about potential civil claims.
Understanding Indiana’s Hit-and-Run Laws
Indiana law sets out specific duties for drivers involved in crashes, including stopping at or returning to the scene, exchanging identifying and insurance information, and providing reasonable assistance if anyone is injured. “Leaving the scene” generally means departing without completing these required steps.
Many people use “hit-and-run” and “leaving the scene” to refer to the same conduct: a driver who causes a crash and fails to remain as required by law. Under Indiana Code § 9-26-1-1.1, statutes and charging documents may use more precise terms, but the core concern is that a driver did not stop, identify themselves, and render aid where needed by law. Understanding the exact charge and the statutory language is important when evaluating potential penalties and defenses. Hit-and-run defense attorneys at Custy Law Firm can explain how these laws apply to your specific situation.
Penalties for Property Damage Only
When a crash causes property damage but no bodily injury, leaving the scene is typically charged as a misdemeanor. A conviction can expose a driver to possible jail time and fines, even if no one was physically hurt. According to Indiana hit-and-run laws, a Class B misdemeanor conviction can result in up to 180 days in jail and fines up to $1,000.
Beyond the criminal sentence, collateral consequences can be significant. A conviction may lead to driver’s license suspension, higher insurance premiums, and difficulty obtaining or keeping coverage. A criminal record for leaving the scene can also appear on background checks and may affect employment and housing opportunities, especially in positions or leases that involve driving responsibilities or trust with property. Understanding these collateral consequences is critical when evaluating your legal options. Custy Law Firm’s car accident attorneys can help you understand the full scope of potential consequences.
Penalties When Someone Is Injured
The stakes increase when a crash involves bodily injury and the driver leaves without fulfilling their legal duties. Injury-related leaving-the-scene offenses can be charged at a higher misdemeanor level, with longer potential jail sentences and higher fines than property-damage-only offenses. A Class A misdemeanor conviction can result in up to one year in jail and fines up to $5,000.
An injury-related conviction can also have more severe licensing and professional consequences. Some licensing boards and employers in healthcare, education, transportation, and similar fields require disclosure of such convictions and may consider them when deciding on hiring, renewal, or discipline. Auto insurers often view injury-related hit-and-run convictions as indicators of elevated risk, which can result in cancellations or substantial rate increases. If you were injured in a hit-and-run accident, Indiana car accident lawyers at Custy Law Firm can help you pursue compensation for your damages. Contact us today for a free consultation about your case.
Felony Charges for Serious Injury or Death
When a crash that involves leaving the scene causes serious bodily injury or death, Indiana law allows prosecutors to bring felony charges. The exact felony level can depend on factors such as whether the injuries meet the statutory definition of “serious bodily injury,” whether someone died, and whether the crash involved alcohol or drugs. Felony-level leaving-the-scene charges can carry multi-year prison sentences and substantial fines, with a Level 6 felony carrying up to 2.5 years in prison.
A felony conviction can also result in long-term consequences for voting rights, firearm possession, employment opportunities, and professional licensing. In fatal cases, the family of the person who died may also bring a civil wrongful death lawsuit seeking compensation, separate from any criminal case. Our firm handles both criminal defense and civil wrongful death claims for families affected by fatal accidents. View our case results to see how we’ve helped clients.
How Custy Law Firm Can Help
Custy Law Firm reviews the specific charges, police reports, and available evidence in a leaving-the-scene case. The firm examines whether the alleged conduct fits the charged offense, whether the state can prove all required elements, and whether there are mitigating facts that matter for negotiation or sentencing.
The attorneys communicate with prosecutors on a client’s behalf, work to identify defenses, and seek charge reductions, dismissals, or alternative resolutions where the facts support those outcomes. The firm focuses on concrete steps—investigating the facts, analyzing the law, and advocating for a result that limits the impact of the case on the client’s future—without promising any particular result. Our team of experienced Indiana car accident attorneys brings years of litigation experience to every case. Client testimonials demonstrate our commitment to achieving favorable outcomes.
What Happens After a Hit-and-Run Arrest
After an arrest for leaving the scene, a person is typically taken to a local jail for booking and then appears before a judge for an initial hearing and bond determination, often within a couple of days. At that hearing, the judge reviews the charges, sets conditions of release, and considers factors such as criminal history, ties to the community, and risk of failing to appear.
If the case results in a conviction, the criminal record can have lasting effects. Employers and landlords commonly run background checks and may take a conviction into account when making decisions. Professional licensing bodies often require disclosure of criminal history and can impose consequences. Auto insurers can treat a leaving-the-scene conviction as a serious violation, affecting eligibility and cost of coverage. Contact our firm immediately if you have been arrested for leaving the scene to protect your rights. Our defense attorneys are available 24/7 to help.
Defense Strategies for Hit-and-Run Charges
Possible defenses in a leaving-the-scene case depend heavily on the facts, but several categories recur:
- Mistaken identity or vehicle misidentification, where there is uncertainty about who was driving or whether the correct vehicle has been identified. This defense requires careful investigation and may involve expert testimony. Hit-and-run defense strategies often focus on challenging eyewitness identification.
- Lack of knowledge of a collision when an impact was very minor and there is a credible argument that a reasonable person in that situation would not have realized a crash occurred. Indiana law requires knowledge of the collision for a conviction.
- Medical emergency or necessity, where an urgent health issue or similar situation helps explain why a driver did not remain on scene, and may be relevant to charging or sentencing. Custy Law Firm evaluates all potential defenses in your case.
- Insufficient or unreliable evidence, including weak eyewitness accounts, gaps in the investigation, or lack of corroborating physical evidence.
- Procedural issues, such as problems with the traffic stop, arrest, or questioning that may support suppression of certain evidence under Indiana criminal procedure rules.
An attorney analyzes these and other issues in light of the specific statute and the evidence the state intends to present. If you are facing hit-and-run charges in Indiana, our firm can evaluate your defense options.
What to Do If You’re Involved in an Accident
If you are involved in a crash in Indiana, your immediate actions matter both for safety and for legal compliance:
- Stop your vehicle as close to the scene as safely possible.
- Check for injuries and call 911 if anyone needs medical help.
- Turn on hazard lights and, if it is safe, move vehicles out of moving traffic.
- Exchange names, contact information, and insurance details with others involved.
- Document the scene with photographs and note road, weather, and traffic conditions.
- Obtain contact information for any witnesses.
Report the crash to law enforcement and to your insurance company in a timely manner. Understanding how to report a car accident properly can protect your legal rights.
Consult an attorney before giving detailed statements beyond what the law requires, so you understand your rights and obligations. Free consultations are available to review your accident and explain your legal options.
Frequently Asked Questions
What counts as “leaving the scene” in Indiana?
“Leaving the scene” generally means failing to stop and remain long enough to provide identifying information and reasonable assistance where required by statute. Simply moving your vehicle out of traffic or to a nearby safe location usually does not count as leaving, as long as you promptly fulfill your legal duties and remain reasonably available to law enforcement and other parties. For a detailed explanation of Indiana’s leaving-the-scene statute, see the Indiana Code § 9-26-1-1.1. Our hit-and-run attorneys can explain whether your specific conduct constitutes leaving the scene.
Can I face charges if I did not realize I hit something?
In many leaving-the-scene statutes, the state must show you knew or reasonably should have known about the collision. If the contact was so slight that a reasonable driver in your position would not have been aware of it, that lack of knowledge can be a defense. However, prosecutors often argue that most collisions are noticeable, so this defense is fact-specific and requires careful analysis. Our attorneys can evaluate whether this defense applies to your situation. Learn more about Indiana car accident laws to understand your rights.
Will a hit-and-run conviction affect my driver’s license?
A leaving-the-scene conviction can lead to administrative consequences for your driver’s license, including suspension. The length and type of sanction depend on the specific offense level, prior history, and whether anyone was injured. Reinstatement after a suspension typically requires meeting certain conditions, which can include paying fees, carrying particular insurance coverages, or completing court-ordered obligations. For more information on how a conviction may affect your driving privileges, contact our firm for a free consultation. Understanding the statute of limitations for your case is also important.
Contact Custy Law Firm for Your Hit-and-Run Case
If you are facing leaving-the-scene charges or were injured by a driver who left the scene, Custy Law Firm offers free consultations to review your situation, explain Indiana law, and outline your options. Call (219) 286-7361 to speak with an attorney who can evaluate the facts of your case and discuss next steps tailored to your circumstances. Our experienced legal team is ready to help you navigate this challenging situation.
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