Rhode Island Hit and Run Laws: Penalties and What to Do

Rhode Island classifies leaving the scene of an accident as a felony under R.I. Gen. Laws section 31-26-1 when the crash involves injury or death, with penalties that scale by severity: up to five years for an injury crash, up to ten years for a first offense involving serious bodily injury, and up to fifteen years (twenty for a repeat offense) when the crash causes death. When only property damage occurs, the offense is a misdemeanor punishable by up to six months in jail.

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 Rhode Island Car Accident Settlement Calculator.

Rhode Island Hit and Run Laws: What happens if someone leaves the scene of an accident?

Is leaving the scene of an accident a felony in Rhode Island?

Under section 31-26-1, leaving the scene of an accident in Rhode Island without fulfilling the requirements of section 31-26-3 is a felony when the crash causes injury or death. Penalties scale by severity: up to five years in prison and a $5,000 fine for an injury crash, up to ten years and a $5,000 fine for a first offense involving serious bodily injury, and up to fifteen years and a $10,000 fine when the crash causes death (rising to twenty years and $20,000 for a repeat offense). If the collision results in property damage only, a hit and run is a misdemeanor.

Quick take: Rhode Island hit and run laws.

• You have ten years to file a claim for property damage and three years for personal injury.
• Possible defenses include mistaken identity, you were unaware of your involvement in a traffic collision, or no one suffered injury.
• You must report any accident that results in death, injury, or property damage above $1000.
• Leaving the scene of an accident involving death is a felony.
• If you hit a domestic animal, you must locate the owner. Failure may result in a fine.
• Rhode Island is a fault state.
• State law requires you to offer reasonable assistance to anyone who needs it. That includes transporting the victim to a hospital or emergency center.

References

• Chapter 26 accidents and reports.
• Section 31-26-3 duty to give information and render aid
• 31-26-1. Duty to stop in accidents resulting in personal injury.

Rhode Island hit and run laws section 31-26-1 through to 31-26-16: Explained.

Rhode Island hit-and-run laws require that whenever a driver in the state is involved in a traffic collision, the driver must immediately stop the vehicle and fulfill the statutory obligations in section 31-26-3. Section 31-26-3 "duty to give information and render aid" requires you to do the following:

• Immediately notify a nearby office of local or state police by the quickest means of communication available. Section 31-26-3 itself sets no separate penalty; leaving the scene without meeting these duties is punished under section 31-26-1 (injury or death) or section 31-26-2 (damage to an attended vehicle only).
• Give your name, address, and vehicle registration number to the other party involved in the Collision. Failure to exchange information with the victim or law enforcement officer present at the scene constitutes a hit and run.
• Exhibit your drivers' license to the other party/s involved.
• Render reasonable assistance to anyone who may need it.

Section B of the statute requires police officers to dispatch an ambulance or emergency medical services to the scene.

How to avoid hit and run charges in Rhode Island

In short, an accident becomes a criminal offense if you leave without rendering reasonable assistance and without exchanging information. Consequently, to avoid hit and run charges, you should do the following.

• Stop your vehicle and remain at the scene until law enforcement officers arrive.
• If the struck person requests it, or if it is apparent that the victim requires immediate medical help, you may transport the individual to a hospital or care facility and then return to the scene.
• Exchange information with the other party. If you give false information, you may face additional charges upon arrest.
• Gather evidence before leaving the scene. The evidence you collect will aid your attorney in building a suitable defense if the case goes to trial. You will need dashcam footage, witness testimonies, and anything else that could be useful.
• Do not block traffic more than is necessary. Blocking traffic may lead to a fine.
• Do not evade the police.

Note that even if you fulfill the obligations above, the victim has the right to sue you on the grounds of negligence, property damage, lost wages, loss of future income, and rehabilitation costs.

If the parties agree, you may opt to settle the issue out of court. Settling the collision out of court is beneficial in that it can be much faster and cheaper. We recommend consulting with an attorney to help you decide if you should settle or file a lawsuit.

How do car accident settlements work in Rhode Island?

The settlement process begins when your lawyer sends a demand letter to the other party's insurer. After that, negotiations begin. If the parties cannot reach an agreement, you may file a lawsuit in civil court.

Tips:

• Make sure that everything is in writing.
• Negotiate if you feel that the amount is not sufficient.

What if the other driver does not have insurance?

If you decide to settle an accident out of court and the other driver does not have insurance, experts recommend that you:

• Exchange information with the victim or struck property owner at the scene.
• Draft a legally binding agreement. All parties must sign it for the contract to be valid (consult with an attorney).
• Make sure that everything is in writing.
• If you are a struck property owner, get quotes from at least three mechanics or contractors before signing anything.
• File an accident report within the set period (see below).

Is leaving the scene of an accident a misdemeanor in Rhode Island?

Yes. If the accident involves property damage alone, leaving the scene without fulfilling the requirements under section 31-26-3 (see above) is a misdemeanor. The penalty for leaving the scene of an accident involving property damage is a fine not less than $500 nor more than $1000, up to six months in prison, and license suspension for up to six months.

What if you hit a domestic animal?

Section 31-26-3.1 states that quote:

"The driver of any vehicle knowingly involved in an accident resulting in death or injury to a domesticated animal, shall immediately stop the vehicle at the scene of the accident or as close to it as possible, but shall immediately return to and in every event shall remain at the scene of the accident until the driver shall render all possible assistance to the injured animal. The driver shall immediately, by the quickest means of communication known to the driver or which should have reasonably been known to be available to the driver to be available in the locality, give notice of the accident to the owner of the animal is known to the driver or a nearby office of local or state police. In the event the office so notified does not have jurisdiction of the locale of the accident, it shall be the duty of the officer receiving the notice to give notice immediately of the accident to the office having jurisdiction."

Failure to comply with the requirements above is punishable by a maximum fine of $50.

What to do if you hit a parked vehicle in Rhode island

Section 31-26-4 "duty on collision with unattended vehicle" requires that whenever a driver hits an unattended vehicle, the driver must immediately stop and either locate and notify the owner or operator, or leave a written notice in a conspicuous place on the struck vehicle giving the name and address of the driver and owner and a statement of the circumstances of the collision. The driver must also immediately notify a nearby office of local or state police.

Section 31-26-4 does not declare a violation a misdemeanor, so under section 31-27-13 it is a civil violation punishable by a fine of not more than $500.

What is a reportable accident in Rhode Island?

Under state law, you must report any accident that results in death, injury, or property damage surpassing $1000. Under section 31-26-11, the Division of Motor Vehicles suspends the license of a driver who fails to file a required report until the report has been filed, and a conviction is punished under section 31-27-13, which sets a fine of not more than $500 for a civil violation.

How long do you have to report an accident in Rhode Island

You have 21 days to file a written report at the division of motor vehicles. Download an accident report form here.

Is leaving the scene of an accident a felony in Rhode Island?

Yes. If anyone suffers death or injury, leaving the scene is a felony. For a crash causing injury, the penalty is up to five years in prison, mandatory loss of license for at least one year and up to five years, and a fine of up to $5,000. A crash causing "serious bodily injury" (an injury that creates a substantial risk of death or causes serious physical disfigurement or protracted loss or impairment of the function of any bodily member or organ) carries one to ten years in prison, a fine of $1,000 to $5,000, and license revocation for up to two years for a first offense.

31-26-1: What to remember:

• The court may sentence the accused to any unit of the adult correctional institutions.
• Upon conviction, the state will suspend your driving privileges for at least one year.
• The penalty for knowingly leaving the scene of an accident involving serious injury is imprisonment for up to ten years and a maximum fine of $5000.
• The penalty for a second or subsequent serious-bodily-injury offense within five years is two to fifteen years in prison and a fine of $3,000 to $10,000.
• If the victim dies, the penalty is up to 15 years in prison and a maximum fine of $10000.

DUI hit and run/driving while under the influence of liquor or drugs, resulting in death.

Under section 31-27-2.2, you are guilty of a felony if, at the time of an accident involving death, you were under the influence of drugs or alcohol. For a first offense, the penalty is a minimum of five years in prison and a maximum of fifteen years plus a minimum fine of $5000 and a maximum of $10000.

On top of that, the state will revoke your driving privileges for five years. A second or subsequent violation within five years carries ten to twenty years in prison, a fine of $10,000 to $20,000, and a five-year revocation.

What if you refuse a drug test?

Subsection (b) of section 31-27-2.1 lets a driver who cannot be subjected to blood tests for religious or medical reasons file an affidavit with the Division of Motor Vehicles. It reads in part quote:

"If a person, for religious or medical reasons, cannot be subjected to blood tests, the person may file an affidavit with the division of motor vehicles stating the reasons why he or she cannot be required to take blood tests and a notation to this effect shall be made on his or her license."

It is also worth mentioning that, after a revocation for DUI resulting in death, section 31-27-2.2(b)(1)(i) provides, quote:

"The license privilege shall not be reinstated until evidence satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist which would authorize the refusal to issue a license, and until the person gives proof of financial responsibility pursuant to chapter 32 of this title."

If you refuse a sobriety test, you may be prosecuted under the state's implied consent laws.

What is the penalty for leaving the scene of an accident in Rhode Island?

• Leaving the scene of an accident involving property damage: misdemeanor, punishable by up to six months in jail, mandatory license suspension for up to six months, and a maximum fine of $1000.
• Hit and run involving injury: felony, punishable by up to five years in prison, mandatory loss of license for at least one year and up to five years, and a maximum fine of $5,000. The penalties escalate for a second or third violation.
• DUI resulting in death under section 31-27-2.2: felony, punishable by five to fifteen years in prison, a fine of $5,000 to $10,000, and a five-year license revocation for a first offense, and ten to twenty years and $10,000 to $20,000 for a repeat within five years.

Is Rhode Island a fault state?

Yes. Rhode Island is a fault state. Consequently, the at-fault party's insurer pays the victim. For the driver, that means higher premiums, and the victim may take civil action. On top of that, depending on the facts presented, the court may impose punitive damages.

If you were the one hurt, have a Rhode Island car accident lawyer take your claim to the at-fault driver's insurer after a free claim review (attorney advertising).

What is the statute of limitations for hit and runs in Rhode Island?

You have three years starting from the date of injury to file a personal injury claim. For property damage, you have ten years. For negligence/ wrongful death, you have three years to file a claim.

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Frequently Asked Questions

Rhode Island Hit and Run Laws: What happens if someone leaves the scene of an accident?

**Is leaving the scene of an accident a felony in Rhode Island?** Under section 31-26-1, leaving the scene of an accident in Rhode Island without fulfilling the requirements of section 31-26-3 is a felony when the crash causes injury or death. Penalties scale by severity: up to five years and a $5,000 fine for an injury crash, up to ten years and a $5,000 fine for a first offense involving serious bodily injury, and up to fifteen years and a $10,000 fine when the crash causes death (rising to twenty years and $20,000 for a repeat offense). If the collision results in property damage only, a hit and run is a misdemeanor.

Is leaving the scene of an accident a misdemeanor in Rhode Island?

Yes. If the accident involves property damage alone, leaving the scene without fulfilling the requirements under section 31-26-3 (see above) is a misdemeanor. The penalty for leaving the scene of an accident involving property damage is a fine not less than $500 nor more than $1000, up to six months in prison, and license suspension for up to six months.

Is leaving the scene of an accident a felony in Rhode Island?

Yes. If anyone suffers death or injury, leaving the scene is a felony. For a crash causing injury, the penalty is up to five years in prison, mandatory loss of license for at least one year and up to five years, and a fine of up to $5,000. A crash causing "serious bodily injury" (an injury that creates a substantial risk of death or causes serious physical disfigurement or protracted loss or impairment of the function of any bodily member or organ) carries one to ten years in prison, a fine of $1,000 to $5,000, and license revocation for up to two years for a first offense.

What is the penalty for leaving the scene of an accident in Rhode Island?

The penalty depends on what the crash caused. Where there is property damage alone, leaving the scene without meeting the requirements of section 31-26-3 is a misdemeanor punishable by a fine of not less than $500 and not more than $1,000, up to six months in prison, and a licence suspension of up to six months. Leaving the scene of a crash involving death or injury is a felony under section 31-26-1 and carries substantially heavier penalties.

Is Rhode Island a fault state?

Yes. Rhode Island is a fault state. Consequently, the at-fault party's insurer pays the victim. For the driver, that means higher premiums, and the victim may take civil action. On top of that, depending on the facts presented, the court may impose punitive damages. That is why it is vital to contact an attorney immediately.

What is the statute of limitations for hit and runs in Rhode Island?

You have three years starting from the date of injury to file a personal injury claim. For property damage, you have ten years. For negligence/ wrongful death, you have three years to file a claim.