Massachusetts
Massachusetts Hit and Run Laws: Penalties and What to Do
Massachusetts classifies leaving the scene of an accident as a criminal offense under General Laws Chapter 90, Section 24, with penalties ranging from 2 weeks in jail for property damage up to 10 years in state prison when the accident results in death, where at least 1 year of any sentence must be served.
Hurt in a hit-and-run? If the driver who hit you fled or had no insurance, your own uninsured/underinsured-motorist (UM/UIM) coverage may pay your injury claim. Estimate what it could be worth with our free Massachusetts Car Accident Settlement Calculator.
Last verified: March 2026. This guide reflects current Massachusetts General Laws Chapter 90, Section 24. Always consult a licensed attorney for legal advice specific to your situation.
Quick Summary of Massachusetts Hit and Run Laws
Massachusetts addresses hit and run offenses under General Laws Chapter 90, Section 24. The state creates separate criminal charges depending on whether the accident involves property damage, personal injury, or death. All drivers involved in a collision must stop immediately and provide their name, home address, and vehicle registration number at the scene.
Penalties range from a minimum of 2 weeks in jail for property damage cases up to 10 years in state prison for accidents involving death. For property damage and personal injury, prosecutors must prove the driver knowingly collided and went away without making the required disclosures. For a fatal accident, the statute also requires proof that the driver went away to avoid prosecution or evade apprehension.
What Massachusetts Law Requires After an Accident
Under Chapter 90, Section 24, any driver involved in a motor vehicle accident on a public way or any place where the public has access must fulfill specific legal obligations. These requirements apply regardless of who caused the accident.
Immediate Duties at the Scene
You must stop your vehicle immediately at the location of the accident. Massachusetts law explicitly states that stopping at a remote location does not satisfy the legal requirement. You must stop at the actual scene of the collision.
Once stopped, you must provide three pieces of information to the other party:
- Your full name
- Your home address
- Your motor vehicle registration number
If the injured person cannot receive this information due to their condition, you must provide it to a law enforcement officer at the scene.
Unattended or Parked Vehicles
Section 24 does not set out a separate procedure for striking a parked or unattended vehicle. Its duty is to make your name, residence, and registration number known before leaving, so if you cannot find the owner, contact the local police before you go. If the damage to any one vehicle exceeds $1,000, the Section 26 written report described below also applies.
Accident Reporting Requirements
Under Section 26 of Chapter 90, you must report any "reportable accident" to the Registrar of Motor Vehicles within 5 days. A reportable accident is one that results in injury, death, or property damage exceeding $1,000.
You can file your accident report online through the Massachusetts RMV website or in person at a registry office. Section 26 also requires a copy of the report to go to the police department where the crash happened. The penalty it sets for failing to report is that the registrar may suspend or revoke your license.
Elements Prosecutors Must Prove
To obtain a hit and run conviction, Massachusetts prosecutors must prove these elements beyond a reasonable doubt:
- The defendant was operating a motor vehicle.
- The vehicle was on a public way or a place where the public has access.
- The defendant knew they were involved in a collision.
- The collision caused property damage, injury, or death.
- The defendant went away without stopping and making known their name, residence, and vehicle registration number.
For the fatal-accident offense only, the statute adds a sixth element: the defendant went away "to avoid prosecution or evade apprehension." That language does not appear in the property damage or personal injury offenses.
Misdemeanor Hit and Run Penalties
Property Damage Only (Section 24(2)(a))
Leaving the scene of an accident involving only property damage is punishable by:
- A minimum of 2 weeks in the house of correction
- A maximum of 2 years in the house of correction
- A fine of $20 to $200
- Or both imprisonment and fine
This offense is classified as a misdemeanor. A first-offense conviction results in a 1-year license suspension.
Personal Injury Not Resulting in Death (Section 24(2)(a1/2)(1))
Leaving the scene of an accident that causes personal injury (but not death) carries significantly harsher penalties:
- A minimum of 6 months imprisonment
- A maximum of 2 years imprisonment
- A fine of $500 to $1,000
License suspension for a first offense is 1 year. A second offense results in a 2-year suspension.
Felony Hit and Run Penalties
Leaving the Scene of a Fatal Accident (Section 24(2)(a1/2)(2))
Leaving the scene of an accident that results in death is a felony in Massachusetts. The penalties include:
- 2.5 to 10 years in state prison, or
- 1 to 2.5 years in a jail or house of correction
- A fine of $1,000 to $5,000 in either case
The sentence cannot be reduced below 1 year or suspended, which means the convicted person is not eligible for parole, probation, work release, or any reduction for good conduct until they have served at least 1 year.
Motor Vehicle Homicide While Intoxicated (Section 24G)
If the driver was under the influence of alcohol or drugs at the time of a fatal accident, prosecutors may pursue vehicular manslaughter charges under Chapter 90, Section 24G. Penalties include:
- A minimum of 2.5 years in state prison
- A maximum of 15 years in state prison (reckless OUI manslaughter)
- License revocation ranging from 15 years to permanent
Massachusetts Hit and Run Penalties Summary
| Offense | Minimum Sentence | Maximum Sentence | Fine Range | License Suspension |
|---|---|---|---|---|
| Property damage only | 2 weeks | 2 years | $20 to $200 | 1 year (first offense) |
| Personal injury (not death) | 6 months | 2 years | $500 to $1,000 | 1 year (first offense) |
| Death | 2.5 years state prison, or 1 year jail/house of correction (1 year must be served) | 10 years state prison | $1,000 to $5,000 | Extended |
| Failure to report (5 days) | None | None stated in Section 26 | None stated in Section 26 | Registrar may suspend or revoke |
| OUI manslaughter | 2.5 years | 15 years | Varies | 15 years to permanent |
Massachusetts Crash Statistics
According to data from the Insurance Institute for Highway Safety (IIHS) and NHTSA for the most recent reporting periods:
- Total motor vehicle deaths (2023): 343 fatalities
- Death rate: 4.9 per 100,000 population, the lowest of any state in the country
- Deaths per 100 million miles traveled: 0.56, also the lowest in the nation (national average: 1.26)
- Rural road fatalities: Only 4% of crash deaths occurred on rural roads, the lowest percentage among all states
- Pedestrian fatalities: 67 deaths (20% of all traffic deaths)
- Motorcyclist fatalities: 60 deaths (17% of total)
- Alcohol involvement: Approximately 33% of fatally injured drivers had a BAC of 0.08% or higher
- National trend (2024): NHTSA estimates 39,345 total U.S. traffic fatalities in 2024, a 3.8% decrease from 2023
Massachusetts consistently ranks as the safest state for traffic fatalities per capita. Contributing factors include extensive public transportation, urban density that reduces highway speeds, strong traffic enforcement, and comprehensive safety programs.
How Fault Is Determined in Massachusetts
No-Fault Insurance System
Massachusetts is a no-fault insurance state. After an accident, you file a claim with your own insurance company under your Personal Injury Protection (PIP) coverage, regardless of who caused the collision. PIP covers medical expenses and lost wages up to your policy limits.
Modified Comparative Fault Rule
If your damages exceed PIP coverage and you file a lawsuit, Massachusetts follows a modified comparative fault rule under General Laws Chapter 231, Section 85:
- You can only recover damages if your negligence was not greater than the total negligence of all defendants.
- If you are 51% or more at fault, you cannot recover any compensation.
- If you are 50% or less at fault, your recovery is reduced by your percentage of responsibility.
Example: If you suffer $100,000 in damages and are found 30% at fault, you would recover $70,000.
Never admit fault at the scene of an accident. Fault determination is the responsibility of investigators, insurance adjusters, and courts.
Statute of Limitations for Civil Claims
Under Chapter 260, Section 2A, you have 3 years from the date of the accident to file a personal injury lawsuit. The same 3-year period applies to wrongful death and property damage claims. If your injuries go beyond what PIP pays, get a free claim review from a Massachusetts car accident lawyer and bring that claim within the 3 years (attorney advertising).
Insurance Implications of a Hit and Run
A hit and run conviction in Massachusetts carries serious insurance consequences beyond the criminal penalties:
- Surcharge points: A leaving-the-scene conviction is classified as a major traffic violation and will result in significant insurance surcharges.
- Policy cancellation: Your insurer may choose not to renew your policy after a hit and run conviction.
- Higher premiums: Even after reinstatement, expect substantially higher premiums for several years.
- Uninsured motorist coverage: If you are the victim of a hit and run, your uninsured motorist (UM) coverage may help pay for your injuries and vehicle damage.
Massachusetts requires all drivers to carry minimum auto insurance, including $20,000 per person and $40,000 per accident in bodily injury liability, $5,000 in property damage liability, and $8,000 in PIP coverage.
Possible Defenses to Hit and Run Charges
Because Massachusetts prosecutors must prove every element of the offense, several defenses may apply:
- Lack of knowledge: You were genuinely unaware that a collision occurred. This is more credible in minor-contact situations.
- No intent to avoid prosecution (fatal-accident charge only): For the death-results offense, the statute requires proof that you went away to avoid prosecution or evade apprehension. Leaving for a legitimate reason, such as driving straight to the nearest police station to report the accident, may rebut that element. The property damage and injury offenses do not require this intent.
- Fear for safety: You reasonably believed that remaining at the scene would result in physical harm to you.
- Identity dispute: You were not the person operating the vehicle at the time of the collision.
- Victim refused information exchange: The other party claimed to be uninjured or refused to exchange information.
- Emergency medical situation: You left to seek immediate medical attention for yourself or a passenger.
What to Do If You Are Involved in an Accident
Following these steps protects your legal rights and helps you comply with Massachusetts law:
- Stop immediately at the scene. Do not move your vehicle unless it creates a traffic hazard.
- Check for injuries. Call 911 if anyone needs medical attention.
- Exchange information with all other parties involved: name, address, and registration number.
- Document the scene. Take photos of vehicle damage, road conditions, and any visible injuries.
- File an accident report within 5 days if the accident involves injury, death, or property damage over $1,000.
- Contact your insurance company promptly. Massachusetts is a no-fault state, so your own PIP coverage applies first.
- Do not admit fault at the scene. Let investigators and adjusters make that determination.
Related Massachusetts Laws
- Massachusetts Recording Laws
- Massachusetts Car Seat Laws
- Massachusetts Statute of Limitations
- Massachusetts Child Support Laws
- Massachusetts Sexting Laws
- Massachusetts Whistleblower Laws
Official References:
- Massachusetts General Laws Chapter 90, Section 24
- Massachusetts General Laws Chapter 90, Section 26 (Accident Reports)
- Massachusetts General Laws Chapter 231, Section 85 (Comparative Negligence)
- File an Accident Report (Mass.gov)
More Massachusetts Laws
Frequently Asked Questions
What is a reportable accident in Massachusetts?
Under Section 26, you must report any accident that results in injury, death, or property damage exceeding $1,000. The report must be filed with the Registrar of Motor Vehicles within 5 days. Reports can be filed online through the Massachusetts RMV website or in person at a registry office.
Can I be charged with hit and run even if I was not at fault for the accident?
Yes. The legal obligation to stop and exchange information applies to all drivers involved in an accident, regardless of who caused it. Fault is a separate legal question determined later by investigators, insurance adjusters, or courts.
What is the statute of limitations for hit and run charges in Massachusetts?
For misdemeanor hit and run charges (property damage or personal injury not resulting in death), the statute of limitations is 6 years. For felony hit and run involving death, there is no statute of limitations. For civil personal injury lawsuits, you have 3 years from the date of the accident.
What if I left the accident scene because I feared for my safety?
Fear for safety can be a valid defense to hit and run charges. If you leave due to a credible threat, drive to the nearest police station immediately and explain the circumstances. Document your reasons for leaving, as you will need to demonstrate that your fear was reasonable.
Will a hit and run conviction affect my driving record permanently?
A hit and run conviction results in license suspension (1 year for a first offense) and will remain on your criminal record. It also triggers significant insurance surcharges. You may be eligible to seal your record after a waiting period, but the conviction can have lasting effects on employment and insurance rates.
Updates
Corrected the fatal hit-and-run sentencing range and fine, clarified that intent to avoid prosecution is an element only of the fatal-accident offense, removed an unsupported statutory quotation, and corrected the accident-report penalty and unattended-vehicle guidance.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Massachusetts General Laws, Chapter 90
§ 24Driving while under influence of intoxicating liquor, etc.; second and subsequent offenses; punishment; treatment programs; reckless and unauthorized driving; failure to stop after collisionIn forcecited in 4 of our articles
Section 24. (1) (a) (1) Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or while under the influence from smelling or inhaling the fumes of any substance having the property of releasing toxic vapors as defined in section 18 of chapter 270 shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and one-half years, or both such fine and imprisonment.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at malegislature.gov
Cited in 873 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Commonwealth v. Connolly (1985) held under G. L. c. 90, section 24, the Commonwealth must prove alcohol diminished the driver's capacity to drive safely, not just a perceptible effect, and need not prove unsafe driving. Irwin v. Town of Ware (1984), a suit against a town, cited the section as legislative policy to remove drunk drivers.
Opinions citing this section in our collection:
- Irwin v. Town of Ware (Massachusetts Supreme Judicial Court 1984, 392 Mass. 745)✓Ware police detained an allegedly drunk driver and released him; he then caused a crash injuring the plaintiffs. The SJC read chapter 90 section 24 as part of a scheme making removal of such drivers a nondiscretionary duty, so the town was not immune, but ordered a new trial.
- Commonwealth v. Jones (Massachusetts Supreme Judicial Court 1981, 382 Mass. 387)✓Jones drove the wrong way on a highway and killed three people; the SJC held the vehicular homicide statute did not impliedly repeal common law manslaughter, but vacated his chapter 90 section 24(2)(a) operating to endanger conviction as duplicative.
- Commonwealth v. Cruz (Massachusetts Supreme Judicial Court 2011, 459 Mass. 459)✓Officers smelled burnt marijuana in a parked car and ordered the passenger out; the SJC affirmed suppression, noting the record left open whether the driver was operating under chapter 90 section 24 and that suspicion of the driver would not justify ordering the passenger out.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Hit and Run Laws in the United States (2026 Guide), Massachusetts OUI Laws: Penalties, BAC & License (2026), Massachusetts Reckless Driving and Operating to Endanger Laws
§ 26Accident reports; supplemental report; penalty for violationIn forcecited in 2 of our articles
Section 26. Every person operating a motor vehicle which is involved in an accident in which any person is killed or injured or in which there is damage in excess of one thousand dollars to any one vehicle or other property shall, within five days after such accident, report in writing to the registrar on a form approved by him and send a copy thereof to the police department having jurisdiction on the way where such accident occurred; provided, however, that such police department shall accept a report filed by an owner or operator whose vehicle has been damaged in an accident in which another person has unlawfully left the scene of such accident. Such report shall not be required during the period of incapacity of any person who is physically incapable of making a report. If the operator is not the owner of the vehicle and is physically incapable of making such written report, the owner shall within five days after the accident make such report based on such knowledge as he may have and such information as he can obtain regarding the accident.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Commonwealth v. Sasu (Massachusetts Supreme Judicial Court 1989, 404 Mass. 596)“…ling to file a motor vehicle accident report as required by G. L. c. 90, § 26 (1986 ed.), and ordering that a finding…”
- Commonwealth v. Thorpe (Massachusetts Appeals Court 1982, 13 Mass. App. Ct. 906)“…The defendant appeals from his conviction of a violation of G. L. c. 90, § 26, and claims that the judge erred in den…”
- Genova v. Genova (Massachusetts Appeals Court 1990, 28 Mass. App. Ct. 647)“…behind him. In his accident report, filed conformably with G.L.c. 90, § 26, the husband's account was that he had…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How to Get a Police Report in Massachusetts (2026 Guide)
§ 24GHomicide by motor vehicle; punishmentIn forcecited in 3 of our articles
Section 24G. (a) Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of.08 or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C, or from smelling or inhaling the fumes of any substance having the property of releasing toxic vapors as defined in section 18 of chapter 270, and so operates a motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered, and by any such operation so described causes the death of another person, shall be guilty of homicide by a motor vehicle while under the influence of an intoxicating substance, and shall be punished by imprisonment in the state prison for not less than 21/2 years nor more than 15 years and a fine of not more than $5,000, or by imprisonment in a jail or house of correction for not less than 1 year nor more than 21/2 years and a fine of not more than $5,000.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at malegislature.gov
Cited in 130 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Commonwealth v. Jones (Massachusetts Supreme Judicial Court 1981, 382 Mass. 387)“…motor vehicle negligently so as to endanger public safety (G. L. c. 90, § 24G); and operating to endanger (G. L. c. 9…”
- Commonwealth v. Cass (Massachusetts Supreme Judicial Court 1984, 392 Mass. 799)“…a "person" for purposes of our vehicular homicide statute, G.L.c. 90, § 24G. At the request of both parties, a judg…”
- Commonwealth v. Woods (Massachusetts Supreme Judicial Court 1993, 414 Mass. 343)“…f vehicular homicide by negligent operation, 1 G. L. c. 90, § 24G (6) (1990 ed.), and one count of operat…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Massachusetts Manslaughter Laws: OUI Manslaughter and Vehicle Homicide
Massachusetts General Laws, Chapter 231
§ 85Comparative negligence; limited effect of contributory negligence as defenseIn forcecited in 8 of our articles
Section 85. Contributory negligence shall not bar recovery in any action by any person or legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not greater than the total amount of negligence attributable to the person or persons against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage or death recovery is made. In determining by what amount the plaintiff's damages shall be diminished in such a case, the negligence of each plaintiff shall be compared to the total negligence of all persons against whom recovery is sought. The combined total of the plaintiff's negligence taken together with all of the negligence of all defendants shall equal one hundred per cent.
Official text (excerpt) · last checked 2026-09-10 · Read the full text in our law library · Verify at malegislature.gov
Cited in 294 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Poirier v. Town of Plymouth (Massachusetts Supreme Judicial Court 1978, 374 Mass. 206)“…e and the abolition of the defense of assumption of risk by G. L. c. 231, § 85, the Legislature has moved in the direc…”
- O'Sullivan v. Shaw (Massachusetts Supreme Judicial Court 2000, 431 Mass. 201)“…mplicitly. abolished by the comparative negligence statute, G. L. c. 231, § 85, as appearing in St. 1973, c. 1123, § 1…”
- Correia v. Firestone Tire & Rubber Co. (Massachusetts Supreme Judicial Court 1983, 388 Mass. 342)“…atute to the negligence count, i.e., that it should treat M.G.L. c. 231, § 85, as a comparative ‘fault’ statute, or,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Massachusetts Dog Bite Laws: Liability and Victim Rights, Massachusetts Car Accident Laws: Fault, Insurance, and Your Claim, Medical Malpractice Laws in Massachusetts (2026): Deadlines
Massachusetts General Laws, Chapter 260
§ 2ATort, contract to recover for personal injuries, and replevin actionsIn forcecited in 8 of our articles
Section 2A. Except as otherwise provided, actions of tort, actions of contract to recover for personal injuries, and actions of replevin, shall be commenced only within three years next after the cause of action accrues.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at malegislature.gov
Cited in 682 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Hendrickson v. Sears (Massachusetts Supreme Judicial Court 1974, 365 Mass. 83)“…ification of title to real estate “accrues” for purposes of G. L. c. 260, § 2A. We hold that the cause of action does…”
- Olsen v. Bell Telephone Laboratories, Inc. (Massachusetts Supreme Judicial Court 1983, 388 Mass. 171)“…oss of consortium are barred by the statute of limitations, G. L. c. 260, § 2A. We hold that the plaintiffs’ claims ar…”
- Baldassari v. Public Finance Trust (Massachusetts Supreme Judicial Court 1975, 369 Mass. 33)“…3A, § 9 (1). The Baldassari claims, we hold, were barred by G. L. c. 260, § 2A, inserted by St. 1948, c. 274, § 2, the…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Massachusetts Jury Duty Laws: Pay, Exemptions and Employer Rules, Massachusetts Motorcycle Accident Laws (2026): Deadlines, Massachusetts Slip and Fall Laws: Proving Premises Liability
Sources and References
- Massachusetts General Laws Chapter 90, Section 24(malegislature.gov).gov
- Massachusetts General Laws Chapter 90, Section 26 (Accident Reports)(malegislature.gov).gov
- File an Accident Report (Mass.gov)(mass.gov).gov
- Massachusetts General Laws Chapter 231, Section 85 (Comparative Negligence)(malegislature.gov).gov
- Massachusetts General Laws Chapter 90, Section 24G (Motor Vehicle Homicide)(malegislature.gov).gov
- Massachusetts General Laws Chapter 260, Section 2A (Statute of Limitations)(malegislature.gov).gov
- IIHS Fatality Facts 2023: State by State(iihs.org)
- NHTSA 2024 Traffic Fatality Estimates(nhtsa.gov).gov
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