Failure to Report an Accident in Indiana 

Fort Wayne attorney defends against charges of lapses in reporting

There are specific circumstances under which motor vehicle accidents in Indiana must be reported. Not doing so can result in being charged with a traffic offense. Our attorney at The Law Offices of Ryan E. Lackey helps clients defend against such charges. We provide exemplary legal support in traffic violation cases throughout Fort Wayne and Allen County. 

Legal duty to report an accident in Indiana

Under Indiana Code 9-26-1-1.1, there is a legal duty for parties to accidents to stop and exchange information. If there are injuries, you must give reasonable aid and report the accident or make sure that someone else at the accident scene does so. You can report by calling the 911 operator, the police or a sheriff agency. If you are facing charges because you were unaware that you were required to report an accident or because you left the scene and failed to report it, our law firm can come to your defense. 

Types of accidents that should be reported 

You must report any accident involving an injury, a fatality or someone trapped in a vehicle. Under state law, the duty to report exists even if there is no collision between a driver’s motor vehicle and another vehicle or another person. If you have hit an unoccupied car or other property and are unable to find the owner, you are required to report the incident. Injury accidents or accidents with property damage of over $1,000 should also be reported to the Indiana Bureau of Motor Vehicles.

Penalties for failure to report an accident in Indiana

The nature and degree of the alleged failure to report determine the penalties. For example, failing to report an accident with an unoccupied vehicle will have significantly lower penalties than a hit and run accident case with injuries. Here are possible penalties based on the type of charge:

• Leaving the scene (Class B misdemeanor) — Up to 180 days in jail; fine of up to $1,000
• Bodily injury to a person (Class A misdemeanor) — Up to one year in jail; fine of up to $5,000
• Moderate or serious bodily injury to a person (Level 6 felony) — Up to 2.5 years in prison; fine of up to $10,000
• Death or catastrophic injury of another person (Level 4 felony) — Up to 12 years in prison; fine of up to $10,000
• Serious or catastrophic injury or death due to OWI (Level 3 felony) — Up to 16 years in prison; fine of up to $10,000

Penalties may also include license suspension and car registration revocation. Our law firm will counsel you about your options based on the facts of your case, whether that is disputing the charges or seeking a plea deal for a reduced charge. 

Factors that can increase severity of charges

The charges and penalties for failure to report case can be higher in these circumstances:

• If someone died in the accident or was injured
• If driving recklessly contributed to the crash 
• If you had prior similar offenses
• If you were under the influence of alcohol or drugs

We will fight for achieving the best possible resolution in your case. 

Defense strategies our Fort Wayne attorney can use to help

Among the possible defenses that can be raised are lack of knowledge of the accident, insufficient evidence, emergency situations. and mistaken identity. We will gather evidence and speak to witnesses to learn all the intricacies of the accident and of your charges to develop an effective strategy. 

Contact a Fort Wayne defense firm about your unreported accident charges 

The Law Offices of Ryan E. Lackey in Fort Wayne assists individuals who are accused of failing to report motor vehicle accidents in Indiana. Call 260-222-7364 or contact us online to schedule a free consultation with a knowledgeable attorney.