Virginia has tough traffic laws that require particular responsibility on the road. When an auto collides with someone or something else, even the auto’s passenger shares that responsibility. If a driver does not stop or report the accident, a passenger must report it themselves. Otherwise, any passenger in the car could face a misdemeanor or even a felony charge.

The Letter of the Law

Duties at the Scene of the Accident

In Virginia, a driver who collides and causes injury, death, or damage to attended property must stop as nearby as they can. They are required to contact law enforcement and supply their name, address, driver’s license number, and registration number. See Va. Code § 46.2-894. When a driver hits an unattended car or property, they must look for its owner or custodian. If they cannot find anyone, they are required to leave a note with contact information stating “the date, time, and place of the accident and the driver’s description of the property damage.” See § 46.2-896. They must also contact law enforcement.

When other people are involved or present in the accident, the driver must share their information with the other car’s driver or occupants, the person in charge of damaged property, or any pedestrian they struck if that person is able to accept the information. See § 46.2-894. If anyone needs medical attention, the driver has to call for help and assist them as much as they reasonably can. In a situation where the driver is too injured to carry out these responsibilities, they must contact law enforcement to report it and get their information to the other parties as soon as possible.

If the driver in a collision does not carry out these duties, any passenger aged 16 or older must step up. Everyone of age “in the vehicle with the driver at the time of the accident, who has knowledge of the accident, shall have a duty to ensure that a report is made within twenty-four hours from the time of the accident to [state or local law enforcement]. The report shall include his name, address, and such other information within his knowledge as the driver is required to report …” This applies to any accident, whether or not other people were involved. See §§ 46.2-895, 897.

Penalties for Passengers

When a passenger fails to report a hit-and-run accident in Virginia, they may be charged with:

  • A Class 6 felony, if the accident resulted in injury or death. This can carry a term of imprisonment of up to 5 years and a fine of up to $2,500.
  • A Class 1 misdemeanor, if the accident caused only property damage that was valued at more than $250. This can result in a jail sentence of up to 12 months and a fine of up to $2,500.
  • A Class 4 misdemeanor, if the accident caused only property damage valued at less than $250. This is punishable by a fine of up to $250.

See § 46.2-900. They can also face suspension of their driver’s license.

Defenses for a Passenger in a Hit and Run Accident

Facts of the Case

In a criminal matter, the burden of proof is on the state. A prosecutor has to prove that the defendant was a passenger in the car, of legal age, with knowledge of the accident. Defense attorneys can investigate the circumstances of the accident and determine whether this is true. A defendant’s attorney may be able to show that the passenger was:

  • Not actually in the car at the time of the accident.
  • Unaware of the accident. They may have been asleep or unconscious; the collision may not have been apparent.
  • Unable to report it within 24 hours due to their own injuries or incapacity to act.

Circumstances of the Arrest and Search

For the state’s case to stand, the officers must conduct a lawful arrest, and the evidence must be admissible. If not, it may violate state law or the defendant’s constitutional rights.

Judges, clerks, and magistrates issue arrest warrants if they determine there is “probable cause” for an arrest. When there is no warrant for a person’s arrest, an arresting officer needs “reasonable grounds or probable cause to suspect [an arrestee] of having committed a felony not in his presence.” Va. Code § 19.2-81. If an officer did not, in fact, have probable cause for their arrest—reasonable grounds to suspect the defendant of the crime—a defense attorney can attack the arrest as unlawful.

Any evidence the state presents has to be lawfully obtained. If that evidence is not in plain sight without searching, an officer must have a search warrant or consent. They may make a limited search on arrest, but this does not apply to digital data. Riley v. California, 573 U.S. 373 (2014). If the defense can show that officers took evidence through an unlawful search and seizure, the prosecution cannot use it. In some cases, inadmissible evidence can cause a whole case to collapse.

Protecting Your Rights

If you have been charged in a Virginia hit-and-run accident simply because you were riding in the car, you need to speak to a hit-and-run attorney today. As a former Metropolitan Police officer and a criminal defense attorney with over 20 years of experience, Attorney Seth C. Weston offers seasoned representation to Virginians facing criminal charges. Call the Roanoke office today at 540-384-4585 to schedule your case evaluation.