Is a Hit-and-Run a Felony in Maryland? Penalties and Legal Duties
Meta Description: Find out when a hit-and-run is a felony in Maryland, what drivers must do after a crash, and how penalties can change when someone is hurt or property is damaged.
In Maryland, a hit-and-run is not automatically a felony. The charge and potential penalty depend largely on whether the crash caused a death, bodily injury, or property damage. Drivers must stop and meet specific legal duties after a crash; leaving without doing so can lead to criminal charges even if the driver did not cause the collision. The consequences may also include fines, jail or prison, and effects on driving privileges.
When Is a Hit-and-Run a Felony in Maryland?
Maryland law generally makes leaving the scene of a crash a felony when the crash results in a death. Under Maryland Transportation Code § 20-102, a driver involved in a crash that causes a person’s death must stop, remain at the scene, provide required information, and render reasonable assistance. A violation involving a death is a felony punishable by up to 10 years in prison, a fine of up to $10,000, or both.
A crash involving bodily injury can also lead to a criminal charge, but it is generally treated as a misdemeanor under § 20-102. The statutory maximum is up to one year in jail, a fine of up to $3,000, or both. Whether a prosecutor can establish the charge depends on the facts, the evidence, and the applicable legal requirements.
If a crash causes property damage but no injury or death, leaving the scene is generally addressed under other provisions of Maryland’s Transportation Code. Those offenses are typically misdemeanors, not felonies. The potential penalty depends on the type of property and the circumstances.
These categories are a general overview, not a guarantee of how a particular case will be charged. A crash may involve multiple alleged offenses, and the final outcome can depend on evidence, prior record, injury severity, and court proceedings.
Maryland Hit-and-Run Laws and Driver Duties
Maryland law sets out different duties depending on the consequences of a crash. The key provisions include § 20-102 for crashes involving death or bodily injury, § 20-104 for crashes involving damage to an attended vehicle or other attended property, and § 20-105 for certain crashes involving unattended property.
In general, a driver involved in a reportable crash must stop as close to the scene as safely possible and remain there long enough to meet the legal duties that apply. Driving away to avoid responsibility can create a separate problem, even if the driver plans to return later. The driver should not assume that stopping only to exchange a few words is sufficient.
Crashes involving injury or death
Under § 20-102, a driver involved in a crash resulting in bodily injury or death must stop immediately at the scene, or as close to it as possible without obstructing traffic more than necessary. The driver must remain at the scene until fulfilling the law’s requirements, including providing identifying and vehicle information to the appropriate person or authorities.
The driver also must provide reasonable assistance to an injured person. Depending on the circumstances, that may include arranging transportation for medical care or requesting emergency services. A driver should call 911 when someone appears injured or the situation may require urgent help.
Crashes involving property damage
Section 20-104 applies to crashes involving damage to an attended vehicle or other attended property. The driver generally must stop, provide identifying and vehicle information, and show a driver’s license when requested. If the owner or person in charge is not present, the driver must take the steps required by law to leave information and notify the appropriate authorities.
Section 20-105 addresses certain crashes involving unattended property. A driver may need to make a reasonable effort to locate the property owner or leave a written notice with the driver’s information and a description of what happened, as well as report the crash when required. Simply leaving without providing information may result in a charge.
Because the duties vary with the crash, drivers should consult the current statutory text or qualified legal counsel when a specific situation raises questions. The official Maryland General Assembly website provides the complete text of § 20-104 and § 20-105.
Maryland Hit-and-Run Penalties by Crash Type
| Crash outcome | General law | Potential classification and penalty |
|---|---|---|
| Death | Transportation Code § 20-102 | Felony; up to 10 years in prison, a fine up to $10,000, or both |
| Bodily injury | Transportation Code § 20-102 | Generally a misdemeanor; up to one year in jail, a fine up to $3,000, or both |
| Damage to attended vehicle or property | Transportation Code § 20-104 | Generally a misdemeanor; the penalty depends on the applicable statutory provision and circumstances |
| Damage to unattended property | Transportation Code § 20-105 | Generally a misdemeanor; the penalty depends on the facts and applicable law |
The table summarizes statutory maximums and broad categories. It does not predict the sentence a particular court will impose. A maximum penalty is not the same as a typical outcome, and separate charges may carry separate consequences.
How a Hit-and-Run Can Affect a Driver’s License
A criminal case is not the only possible consequence. Maryland’s Motor Vehicle Administration (MVA) can take action affecting a driver’s license under applicable laws and procedures. The result can depend on the offense, the driving record, and the circumstances. A driver should not assume that paying a traffic citation resolves a separate criminal charge or MVA matter.
Maryland’s MVA explains its point system and other driver-licensing actions on its official Driver Record Points page. Because points and license consequences are governed by specific rules, drivers should verify how a particular conviction is treated rather than rely on a general online summary.
A conviction may also affect insurance. Insurers may review driving and claim history when setting premiums or deciding whether to renew coverage, subject to applicable laws and policy terms. If a crash caused damage or injury, civil claims and insurance disputes may proceed separately from the criminal case.
Does a Driver Have to Cause the Crash to Be Charged?
A driver’s duty to stop after a crash is distinct from the question of who caused it. A person may have to stop and provide information even if that person believes another driver was at fault. Leaving the scene can create an additional legal issue that is separate from fault for the collision itself.
That does not mean a driver is automatically guilty of hit-and-run just because a crash occurred and the driver left. Prosecutors must establish the elements of the applicable offense. Questions may arise about whether the driver knew a crash had occurred, whether the driver was involved, whether the driver stopped or complied with required duties, and whether the crash caused an injury, death, or property damage.
Evidence in a hit-and-run investigation may include witness accounts, video footage, vehicle damage, physical evidence, emergency calls, and statements from the people involved. The significance of any evidence depends on the circumstances and applicable law.
What to Do After a Crash in Maryland
Taking careful, lawful steps can help protect people and ensure required information is exchanged. A driver involved in a crash should generally:
- Stop safely. Pull over at or near the scene without creating additional danger.
- Check for injuries. Call 911 if anyone is hurt, appears unwell, or needs emergency assistance.
- Remain at the scene. Do not leave before meeting the duties that apply to the crash.
- Provide required information. Exchange identifying, vehicle, and insurance details as required, and cooperate with responding authorities.
- Document the scene. If it is safe, record relevant details and take photographs without interfering with emergency response.
- Report the crash when required. Follow instructions from police and applicable Maryland reporting rules.
If a driver has already left, returning or contacting authorities promptly may be an important step, but it does not automatically erase a possible violation. A person facing an investigation should avoid guessing about legal obligations and consider speaking with a Maryland criminal defense attorney.
Common Questions About Hit-and-Run Charges
Is every hit-and-run a felony in Maryland?
No. A hit-and-run involving a death can be charged as a felony under § 20-102. A crash involving bodily injury is generally a misdemeanor under that section, while property-damage cases are typically handled under separate provisions and are generally misdemeanors.
What if the driver left because of fear or confusion?
The reason for leaving may be relevant to how a case is investigated or resolved, but it does not automatically cancel the driver’s legal duties. The details matter, including what the driver knew, what actions the driver took, and whether the driver later reported or addressed the crash.
Can a driver be charged if no one was visibly hurt?
Potentially. A person may not recognize an injury at the scene, and a crash may still involve property damage or later-reported injuries. The charge depends on the facts and the evidence, not solely on whether an injury was obvious at the time.
Can a hit-and-run lead to other charges?
Yes. Depending on the circumstances, authorities may investigate other alleged offenses, such as impaired driving or reckless driving. Those are separate legal questions, and the existence of a hit-and-run allegation does not by itself prove another offense.
Where to Check Maryland Law
The controlling legal language is found in Maryland’s statutes, not in general summaries. The official Maryland General Assembly pages for § 20-102, § 20-104, and § 20-105 are useful starting points. The Maryland MVA’s official materials explain driver records and administrative actions.
Bottom line: A Maryland hit-and-run can be a felony when the crash results in death. Cases involving bodily injury or property damage are generally treated differently, but leaving the scene can still carry serious criminal and driving-related consequences. The specific charge depends on the crash outcome and the evidence.
This article provides general legal information, not legal advice. Laws and penalties can change, and a Maryland attorney can assess the facts of an individual case.