Consequences of a Hit and Run Motorcycle Accident

Conviction in a hit and run motorcycle accident may subject a defendant to increased criminal penalties. It may also affect their civil liability for the accident. It is important to have a qualified attorney to maximize a motorcycle accident settlement and help you with your claim.

Statistics for Hit and Run Accidents

Each year, the National Highway Safety Transportation Administration releases information about the number of accidents in the U.S. However, the statistics for a hit and run motorcycle accident are included in those for a hit and run vehicle accident. Because of this, it is difficult to determine how many hit and run motorcycle accidents occur each year. Because traffic accidents fall within a state's jurisdiction (as opposed to the federal government), and because each state reports vehicle accidents differently, there is no easy way to determine how many hit and run motorcycle accidents occur each year.

Hit and Run Basics

A hit and run motorcycle accident occurs when a vehicle and motorcycle, or two motorcycles, are involved in an accident and one leaves the scene. Most times, because accidents typically overturn motorcycles, thereby causing the operator to fall from it, it is the vehicle driver that leaves the scene of an accident (rather than the motorcycle rider). The victim of a hit and run accident can sue the individual who left the scene of the accident or their insurance company for their injuries. This requires somehow finding the driver of the vehicle who left the scene. A third-party witness to the accident will often make a note of the license plate number and provide it to the police, allowing authorities to identify the driver.

Criminal Penalties

To deter individuals from leaving the scene of an accident and to punish drivers who leave the scene, a hit and run accident is subject to additional penalties, both criminal and civil, despite not being considered a separate type of accident. Motorcycle hit and run accidents may carry even more severe punishments, because of the special rules which sometimes apply to the operation and handling of motorcycles. Potential criminal penalties, which are filed by a state agency such as the prosecutor or department of transportation, include increased fines, community service and possibly jail time. Imprisonment is usually only imposed when the accident resulted in the motorcycle operator's death.

Effect on Civil Cases

If convicted of leaving the scene of a motorcycle accident, the defendant could find themselves owing civil damages faster than anticipated. This is because the plaintiff may be able to use the evidence from the criminal trial in their civil trial to demonstrate liability. This means that it will be easier to prove responsibility for the accident, and therefore the plaintiff can focus more on damages. (See also Filing a Successful Motorcycle Accident Lawsuit).

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