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Hit and Run
Few driving offenses are taken as seriously in Washington as hit and run. Fleeing the scene of an accident—whether it involves another vehicle, property, or a pedestrian—is a crime that can lead to severe penalties, including jail time, steep fines, and long-term consequences for your driving record and criminal history. Law enforcement and prosecutors view hit and run as a direct threat to public safety because it prevents injured parties from receiving immediate help and obstructs accountability for damages.
The laws governing hit and run are outlined in RCW 46.52.020 and RCW 46.52.010. These statutes detail the duties of drivers in accidents involving other persons, vehicles, and property.
RCW 46.52.020 – Duty in Case of Accident Involving Injury, Death, or Property Damage
This is Washington’s primary hit and run statute. It provides, in part:
“(1) A driver of any vehicle involved in an accident resulting in the injury to or death of any person shall immediately stop such vehicle… until he or she has fulfilled the requirements of subsection (3) of this section…”
Section 3 goes on to say:
(3) …The driver of any vehicle involved in an accident resulting in injury to or death of any person… or resulting in damage to any vehicle which is driven or attended by any person or damage to other property shall give his or her name, address, insurance company, insurance policy number, and vehicle license number and shall exhibit his or her vehicle driver’s license…”
RCW 46.52.020 – Washington State Legislature
This statute establishes two key requirements: stopping immediately and exchanging information. Failure to do either constitutes hit and run.
Breaking Down RCW 46.52.020
- Injury or death cases – If the accident involves injury or death, leaving the scene is a Class C felony punishable by up to five years in prison and a $10,000 fine.
- Property damage cases – If the crash only involves damage to another vehicle (attended by someone), leaving the scene is a gross misdemeanor, punishable by up to 364 days in jail and fines up to $5,000.
- Duty to provide information – Drivers must provide their name, address, insurance, and driver’s license. Simply stopping and leaving without sharing this information still qualifies as a hit and run.
RCW 46.52.010 – Duty Upon Striking Unattended Car or Other Property
This law covers accidents involving unattended vehicles or fixed property. It states:
“The operator of any vehicle which collided with any other vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the operator and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice, giving the name and address of the operator and of the owner of the vehicle striking such other vehicle.”
RCW 46.52.010 – Washington State Legislature
If you strike a parked car or other property and leave without leaving a note, you can be charged with hit and run of an unattended vehicle, which is a misdemeanor.
Common Hit and Run Scenarios
Hit and run charges often arise from:
- Colliding with a moving vehicle on I-5 and fleeing the scene.
- Sideswiping a parked car in Seattle and failing to leave a note.
- Striking a pedestrian in a crosswalk and driving away.
- Damaging a fence, mailbox, or utility pole and leaving without reporting.
According to the Washington Traffic Safety Commission, collisions involving pedestrians and bicyclists are among the most serious types of crashes, making hit and run in these circumstances particularly concerning.
Washington Traffic Safety Commission
Penalties for Hit and Run
The severity of the penalty depends on the circumstances:
- Felony hit and run (injury or death): Up to 5 years in prison and $10,000 in fines.
- Gross misdemeanor hit and run (attended vehicle/property damage): Up to 364 days in jail and $5,000 in fines.
- Misdemeanor hit and run (unattended property): Up to 90 days in jail and a $1,000 fine.
In all cases, the Department of Licensing may impose license suspension. Convictions also appear on criminal and driving records, leading to higher insurance premiums and potential employment challenges. Obviously, the serious nature of this crime demands attention from a qualified Washington State criminal lawyer with a background in traffic law.
Information about Washington’s criminal penalties is available through the Washington Courts.
Defenses to a Hit and Run Charge
Possible defenses include:
- Lack of knowledge of the collision.
- No actual damage or injury occurred.
- You provided information, but it was misplaced or misrecorded.
- You left the scene temporarily to seek emergency help and returned as soon as possible.
Because penalties vary widely, defenses are highly fact-specific and often require careful review of the case.
Court resources for defendants are available through the Washington Courts – Resources website.
Avoiding Hit and Run Situations
To avoid being charged:
- Always stop immediately after a collision, no matter how minor it seems.
- Provide your information directly to the other driver or leave a note for unattended property.
- Contact the police if injuries occur.
- Remain at the scene until law enforcement allows you to leave.
The AAA Foundation for Traffic Safety also offers resources on post-collision responsibilities.
AAA Foundation for Traffic Safety
Conclusion
Hit and run is one of the most serious traffic-related crimes in Washington. Under RCW 46.52.020 and RCW 46.52.010, drivers must stop, exchange information, and render aid when necessary. Penalties range from misdemeanors to felonies, depending on the circumstances, and can include jail time, fines, license suspension, and long-term impacts on a driver’s record.
By stopping, taking responsibility, and complying with the law after a collision—whether on I-90 through Spokane, SR 520 in Bellevue, or local streets in Everett—drivers can avoid these severe consequences and contribute to a safer roadway culture.
Frequently Asked Questions: Hit and Run in Washington State
What is considered a hit and run under Washington law?
Washington law defines hit and run as failing to stop and provide information after being involved in a collision. RCW 46.52.020 requires drivers to stop immediately at the scene of an accident that results in injury, death, or property damage. They must provide their name, address, insurance information, and driver’s license. Even leaving the scene of a minor accident without exchanging details can be considered hit and run.
Helpful link: RCW 46.52.020 – Washington State Legislature
When does a hit and run become a felony?
When the accident results in injury or death. Penalties depend on the severity of the accident:
– If the accident caused injury or death, leaving the scene is a Class C felony, punishable by up to 5 years in prison and $10,000 in fines.
– If another vehicle or attended property was damaged, it is a gross misdemeanor, punishable by up to 364 days in jail and $5,000 in fines.
– If only unattended property was damaged, such as a parked car or fence, it is a misdemeanor punishable by up to 90 days in jail and a $1,000 fine.
Helpful link: Washington Courts – Criminal Misdemeanors
What should I do if I hit a parked car or other unattended property?
Under RCW 46.52.010, if you hit a parked car or fixed property, you must stop immediately and either notify the owner or leave a written note in a conspicuous place. The note must include your name, address, and an explanation of the accident. Failing to leave a note or notify the owner is considered hit and run and can result in a misdemeanor charge.
Helpful link: RCW 46.52.010 – Washington State Legislature
What happens if I am charged with a hit and run?
Penalties range from misdemeanors to felonies, and defenses are highly fact-specific and often require evidence such as witness statements or surveillance footage. Defendants have the right to contest hit and run charges in court. Possible defenses include showing that the driver was unaware of the collision, that no actual damage occurred, that they provided information but it was lost or not received, or that they left temporarily to get emergency help and returned.
Helpful link: Washington Courts – Forms and Resources
How can drivers avoid being charged with hit and run?
The best way to avoid a hit and run charge is to always stop after a collision, no matter how minor. Provide your information directly to the other party or leave a note for unattended property. Contact the police if anyone is injured and remain at the scene until it is lawful to leave. By following these steps, drivers comply with RCW 46.52.020 and RCW 46.52.010 and avoid criminal charges.
Helpful link: AAA Foundation for Traffic Safety
FAQ Summary
Hit and run charges in Washington carry serious consequences, from misdemeanors to felonies depending on the circumstances. RCW 46.52.020 and RCW 46.52.010 make clear that drivers must stop, provide information, and render aid when necessary. By fulfilling these duties, motorists can avoid costly legal consequences and ensure that victims receive timely help. Whether on I-5 in Seattle, I-90 through Spokane, or a neighborhood street in Everett, the safest and most responsible choice is always to stop and take accountability after an accident.
Take the Next Step
Hit and run charges are prosecuted in the district or municipal court that has jurisdiction over the law enforcement agency that handles the situation. For example, if a driver flees the scene of a collision on Interstate 5 near Tacoma, the case will usually be handled in Pierce County District Court. A hit and run on Interstate 90 in Spokane would be heard in Spokane County District Court, while a crash involving property damage on State Route 167 in Kent might be assigned to Kent Municipal Court.
Because hit and run can range from a misdemeanor to a felony, court procedures vary depending on the severity of the charge. Misdemeanor and gross misdemeanor cases generally begin with an arraignment in district or municipal court, while felony hit and run cases are filed in superior court. Defendants are required to appear in court unless represented by an attorney, and failing to appear may result in a bench warrant. You should consider retaining a Washington State criminal lawyer to protect your legal rights.
The penalties for hit and run extend far beyond fines and potential jail time. Convictions can result in license suspension by the Department of Licensing, permanent marks on both driving and criminal records, and significant increases in insurance premiums. For commercial drivers, a hit and run conviction may also lead to disqualification from holding a CDL.
Ultimately, Washington law under RCW 46.52.020 and RCW 46.52.010 is clear: drivers must stop and take responsibility after a collision. By remaining at the scene, exchanging information, and rendering aid when needed—whether on the busy I-405 corridor in Bellevue, the winding roads of U.S. Highway 2, or a residential street in Everett—drivers can protect themselves from severe legal consequences and ensure that victims receive the help they need.