What to Know About Michigan’s Hit-and-Run Laws

Hit-and-run crashes can leave injured people and families facing both an ongoing police investigation and difficult questions about insurance coverage and compensation. Michigan law requires drivers involved in crashes to stop and fulfill specific duties, with criminal penalties that become significantly more serious when someone is injured or killed.

What Michigan Law Requires After a Crash

Michigan’s Vehicle Code establishes specific duties for drivers involved in accidents. Under MCL 257.617, when a crash results in serious impairment of a body function or death, a driver who knows or has reason to believe they were involved must immediately stop at the scene and remain there until the requirements of MCL 257.619 are fulfilled. A driver may instead immediately report the accident to the nearest or most convenient police agency or officer if there is a reasonable and honest belief that remaining at the scene would result in further harm. The stop must be made without obstructing traffic more than is necessary.

Under MCL 257.617a, a driver who knows or has reason to believe they were involved in an accident resulting in injury on public or private property that is open to travel by the public must immediately stop and remain at the scene until the requirements of MCL 257.619 are fulfilled. The law contains a similar exception when the driver reasonably and honestly believes remaining at the scene would result in further harm and immediately reports the accident to police.

Criminal Penalties for Leaving the Scene

The penalties for violating Michigan’s hit-and-run statutes depend on the severity of the resulting harm and the circumstances of the crash.

Under MCL 257.617(2), leaving the scene of a crash that results in serious impairment of a body function or death is a felony punishable by up to five years in prison, a fine of up to $5,000, or both.

Under MCL 257.617(3), if a driver violates the duty to stop after an accident the driver caused and the accident results in another person’s death, the offense is a felony punishable by up to 15 years in prison, a fine of up to $10,000, or both.

Under MCL 257.617a(2), leaving the scene of an accident that results in personal injury is a misdemeanor punishable by up to one year in jail, a fine of up to $1,000, or both. A conviction may also result in driver’s license consequences under Michigan law.

What This Means for Crash Victims and Their Families

When a hit-and-run driver is identified and charged, the criminal case and any civil claim arising from the crash are separate proceedings. A criminal conviction or plea does not automatically provide compensation to an injured person or surviving family.

Depending on the circumstances, an injured person may be able to pursue a civil claim for damages. When a person is killed, a wrongful death claim may be available under MCL 600.2922 if the legal requirements for such a claim are met.

When a hit-and-run driver has not been identified, an injured person may still have access to PIP benefits depending on the circumstances and applicable insurance coverage. Michigan’s Assigned Claims Plan may provide a source of benefits for eligible claimants when applicable PIP coverage cannot be identified or in other circumstances provided by Michigan’s no-fault statutes. An attorney can evaluate the applicable priority rules and determine where a claim should be submitted.

If you or a family member were injured in a hit-and-run crash in Macomb, Wayne, or Oakland County, our team may be able to help. To speak with a Michigan personal injury attorney, contact us today.

• • MCL 257.617
  • MCL 257.617a
  • MCL 600.2922
  • MCL 500.3172