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Rhode Island Hit and Run Lawyer

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Rhode Island Hit and Run Attorney

If you are charged with a hit and run, referred to as Duty to Stop, in Rhode Island. It is important that you hire an experienced Rhode Island criminal defense lawyer. A hit and run charge can lead to possible jail time, probation, fines and fees, a criminal conviction/record, and a potential suspension of your driver’s license.

Ellison Law LLC has experienced hit and run lawyers, who have represented many people charged with leaving the scene of an accident. If you’re ever in need of legal assistance, contact us today.

What is the Duty to Stop for an Accident with Property Damage in Rhode Island?

Duty to Stop is a common charge that happens a lot more than a person might think. In Rhode Island, the duty to stop after an accident with property damage is legally mandated and crucial for ensuring accountability and safety on the road. When a driver is involved in an accident with another driver, the driver is required to stop immediately or as soon as it is safe to do so.

The purpose of stopping is to exchange relevant information with the other driver including contact and insurance details, to ensure that any necessary assistance is rendered, and if there are injuries. If you fail to stop and fulfill these obligations it can potentially lead to serious criminal charges and penalties.

Rhode Island General Laws § 31-26-2 states:

 “the driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop the vehicle at the scene of the accident or as close to it as possible, but shall immediately return to and in every event shall remain at the scene of the accident until he or she has fulfilled the requirements of § 31-26-3. A stop shall be made without obstructing traffic more than is necessary.”

The obligation to stop extends beyond accidents that only involve vehicles. It also includes incidents that involve bicyclists, pedestrians or even stationary property, such as a stop sign. If a motorist strikes a cyclist or pedestrian, the law requires not only that the driver stops but also that they render “reasonable assistance” and immediately contact police. For individuals involved in such accidents, taking immediate steps is critical to comply with the law. Seeking prompt medical attention is also important since injuries sustained in accidents may not be apparent due to adrenaline or shock. The law is written this way because when somebody is injured, it can be critical for them to get emergency medical care as soon as possible to make sure the injuries do not get worse.

What are the Penalties for Leaving the Scene of An Accident with Property Damage in Rhode Island?

In Rhode Island, leaving the scene of an accident with property damage is considered a serious offense and can be charged as a misdemeanor. Drivers who knowingly leave the scene of an accident involving damage to an attended vehicle can face prison time, fines and a potential suspension of their driver’s license. The penalties escalate significantly if the accident involves personal injury or a fatality, potentially resulting in felony charges with harsher consequences.

Any person failing to stop or comply with the requirements of § 31-26-2 from an accident resulting in property damage can face the following penalties:

  • a misdemeanor conviction
  • up to 6 months in jail;
  • a fine between $500 and $1,000;
  • potential probation;
  • potential driver’s license suspension of 6 months.

What is the Duty to Stop for an Accident with Personal Injury in Rhode Island?

In Rhode Island, drivers involved in an accident resulting in personal injury or death are legally obligated to stop and fulfill certain responsibilities. Similarly to the Duty to Stop for an Accident with Property damage, the law mandates that the driver must immediately stop their vehicle at the scene, or as close to as safely possible, to prevent further harm and ensure the well being of the driver involved in the accident.

Once stopped, the driver must exchange essential information such as their name, address and vehicle registration with the other driver. Additionally, they are required to provide “reasonable assistance,” which can include calling emergency services or rendering aid to injured individuals, if necessary. In addition, they must call the police to report the accident immediately. Not fulfilling these obligations constitutes a serious offense that can result in criminal charges.

The law for Duty to stop in accidents resulting in personal injury comes from Rhode Island General Laws § 31-26-1(a), which states the following:

“the driver of any vehicle knowingly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop the vehicle at the scene of the accident or as close to it as possible, but shall then immediately return to and in every event shall remain at the scene of the accident until he or she has fulfilled the requirements of § 31-26-3. A stop shall be made without obstructing traffic more than is necessary.”

Failing to stop or render aid in such situations not only can violate the law but it can also worsen the consequences for the driver since these actions can be used by the prosecution to try to demonstrate a disregard for another person’s well-being and a lack of personal accountability.

What are the Penalties for Leaving the Scene of An Accident with Personal Injury in Rhode Island?

Any person failing to stop or comply with the requirements of § 31-26-1 from an accident resulting in personal injury can face the following penalties:

  • Up to 5 years in prison;
  • Up to $5,000 fine;
  • A mandatory driver’s license suspension of at least 1 year and up to 5 years total.

For accidents that result in serious bodily injury (“serious bodily injury” means physical injury that creates a substantial risk of death or causes serious physical disfigurement or protracted loss or impairment of the function of any bodily member or organ) the penalties are the following:

  • Up to 10 years in prison with a minimum of one year to serve;
  • A minimum fine of $1,000 and up to a $5,000 fine;
  • A driver’s license revocation of up to 2 years.

Subsequent convictions in a five year period result in even further sentencing enhancements.

For accidents that result in death, the penalties involve:

  • Up to 15 years in prison, with a minimum of 2 years to serve,
  • A minimum fine of $5,000 and up to a $10,000 fine;
  • A driver’s license revocation of 3 years.

Can I be charged with Leaving the Scene of an Accident if I’m not at Fault in Rhode Island?

Yes, you can still be charged with leaving the scene of an accident even if you were not at fault in the accident in Rhode Island. The law imposes a duty on all drivers involved in an accident to stop and fulfill certain requirements, such as, providing your information and rendering aid (if necessary). This duty to stop is independent of who caused the accident. Failing to comply with this obligation, regardless of your liability for the collision itself, can result in potentially getting charged with a crime.

Can I be charged for not reporting an Accident with an Unattended Vehicle in Rhode Island?

Failing to report an accident with an unattended vehicle in Rhode Island can lead to legal consequences, although it is not considered a criminal offense. Drivers involved in this type of incident are required to make a reasonable effort to locate the vehicle’s owner or, if unsuccessful, leave a note containing their contact information and contacting the police. Neglecting to fulfill this obligation can result in a traffic ticket summons that can result in fines and a potential license suspension.

The law on “Duty on collision with unattended vehicle” comes from Rhode Island General Laws § 31-26-4, which states the following:

“The driver of any vehicle which collides with another vehicle which is unattended and damage results to either vehicle shall immediately stop and shall then and there either locate and notify the operator or owner of the unattended vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in or upon the unattended vehicle a notice written in the English language giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances of the collision, and shall immediately give notice of the accident to a nearby office of local or state police. In the event the office so notified does not have jurisdiction of the locale of the accident, it shall be the duty of the officer receiving the notice to immediately give notice of the accident to the office having jurisdiction.”

What Are the Requirements of Rhode Island General Laws § 31-26-3?

Under Rhode Island General Laws § 31-26-3(a) the law states:

“The driver of any vehicle involved in an accident resulting in the striking of, the injury to, or death of any person or damage to any vehicle which is driven or attended by any person shall, upon request, give his or her name, address, and the registration number of the vehicle the driver is driving and shall exhibit his or her operator’s or chauffeur’s license to the person struck, or to the driver or occupant, or to the person attending any vehicle collided with. The driver shall render to any person injured or struck in an accident reasonable assistance, and shall immediately, by the quickest means of communication known to the driver or which should have reasonably been known to the driver to be available in the locality, give notice of the accident to a nearby office of local or state police. In the event the office so notified does not have jurisdiction of the locale of the accident, it shall be the duty of the officer receiving the notice to immediately give notice of the accident to the office having jurisdiction.”

What should I do if I get Hit and Run charges in Rhode Island?

Rhode Island Duty to Stop Offenses can have costly consequences that could negatively affect your life and life of your family. If you have been charged with a Hit and Run in Rhode Island, contact Ellison Law LLC today. Having the knowledge and experience of a Rhode Island Criminal Defense Lawyer by your side, may help reduce your sentence, potentially avoid a license suspension, lower your fines and keep you out of jail. Do not wait to call Ellison Law LLC today at 401-592-5051.

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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