Idaho Code Leaving the Scene of an Accident

The aftermath of a car accident can be overwhelming—especially when navigating Idaho’s legal requirements. At Andrew Injury Law, we help you understand your rights and responsibilities under Idaho Statute Section 18-8007, which governs leaving the scene of an accident. These laws are designed to ensure accountability and public safety. Drivers involved in an accident must stay at the scene, exchange information, and assist anyone who is injured. Failing to comply can result in severe penalties, including fines, license suspension, and even imprisonment.

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Leaving the Scene of an Accident in Idaho

In Idaho, leaving the scene of an accident—commonly referred to as a “hit and run”—is a criminal offense that can carry significant legal and financial repercussions. Whether the crash results in vehicle damage, injury, or death, a driver has a legal duty to stop and provide certain information. Failing to do so may lead to either misdemeanor or felony charges, depending on the severity of the incident. Under Idaho Code § 18-8007, drivers must remain at the scene and comply with reporting and aid requirements after a collision.

Felony Offense

A hit and run in Idaho becomes a felony if the crash results in serious injury or death. The law doesn’t just expect a driver to stop; it mandates that they offer reasonable assistance, such as calling emergency services or helping a person get medical care. Ignoring this duty in a fatal or injury-causing crash isn’t just negligent—it can lead to years in prison. Per Idaho Code § 18-8007(3), a driver who fails to stop under these conditions may be charged with a felony and face up to five years of incarceration.

Penalties

The consequences for a hit and run in Idaho range widely, depending on the circumstances. For a felony offense, the court may impose:

• A prison sentence of up to five years.
• A fine of up to $5,000.
• Driver’s license suspension or revocation.

For less severe incidents (such as property damage only), misdemeanor penalties can include:

• Jail time up to one year.
• Fines not exceeding $1,000.
• Mandatory driving restrictions.

Sentencing considers the harm caused and whether the driver attempted to evade accountability.

Driver’s Obligations

Every motorist involved in a crash is legally required to fulfill several duties at the scene. These include:

• Stopping as close to the scene as safely possible.
• Providing name, address, and vehicle registration.
• Showing a driver’s license to any involved party or law enforcement.

Failure to follow these steps may result in a hit and run charge. 

Reporting Obligations

In Idaho, drivers must report accidents under specific conditions, particularly when injury, death, or significant damage occurs. This includes:

• Contacting law enforcement promptly.
• Submit an official crash report if requested by the Idaho Transportation Department.
• Cooperating fully with investigations.

Not complying with reporting rules may increase penalties. The Idaho Transportation Department enforces these requirements, which clarify that reports must be timely and complete.

Misdemeanor Violations

If a hit and run in Idaho only causes vehicle or property damage, it is usually charged as a misdemeanor. This classification still carries criminal consequences, such as:

• Up to one year in county jail.
• Court-imposed fines.
• A record of criminal behavior may affect insurance and employment.

The law does not distinguish based on intent—simply leaving the scene without fulfilling legal duties is enough for prosecution. Misdemeanor-level violations fall under Idaho Code § 18-8007(1), and these charges can still impact your future.

Possible Defenses for Leaving the Scene of an Accident

While the penalties for a hit-and-run are severe, legal defenses may be available depending on the circumstances. A strong defense might include:

• Lack of Awareness – If the driver genuinely did not realize an accident occurred, this could be used to dispute intent.
• Emergency Situations – A driver may leave the scene due to a medical emergency or an immediate safety threat.
• Mistaken Identity – If the prosecution cannot prove the defendant was driving, the charges may be challenged.
• Law Enforcement Errors – If officers failed to follow legal procedures, such as improper evidence collection or violations of constitutional rights, this may be grounds for dismissal or reduced charges.
• Mechanical Failure or External Conditions – If poor road conditions, lack of signage, or mechanical failure contributed to the accident, this could impact liability.

Working with an experienced car accident attorney is crucial to evaluating these factors, gathering evidence, and building the strongest possible case.

Protect Your Rights – Contact Us for Legal Assistance

Facing a hit-and-run charge? Call Andrew Injury Law at 208-517-7670 today for a free consultation. Our experienced car accident attorney are ready to fight for your rights, protect your future, and help you confidently navigate the legal process with expert guidance and aggressive representation.

Get a Free Consultation

contact us or call us today

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