Is Leaving the Scene of an Accident a Felony?

Is Leaving the Scene of an Accident a Felony?

By Pyle Law, Reviewed by E. Thomas Pyle May 29 2025 12:08 am

Being involved in a crash is already overwhelming, but when the other driver flees, it can leave victims confused, hurt, and uncertain about what to do next. Is leaving the scene of an accident a felony? Depending on the harm caused, it absolutely can be. The law treats incidents involving injuries or fatalities far more seriously than those with only property damage. At Pyle Law | Kansas Personal Injury & Workers Compensation Lawyer, we support people across Wichita and throughout Kansas who are seeking justice after being injured in car accidents caused by negligent or reckless drivers.

How Is a Hit and Run Defined?

According to Kansas Statute 8-1602, any driver involved in an accident that causes injury, death, or property damage must stay at the scene. Leaving without helping or providing information is considered a hit-and-run and may lead to serious legal consequences.

Drivers are required to stop as close as safely possible to the crash site, provide their name, address, and vehicle registration, show a valid driver’s license when asked, and give reasonable aid to anyone injured, including calling emergency services if needed.

When these steps are ignored, what may have started as a simple accident can quickly become a criminal offense, and leave victims without immediate help or access to potentially life-saving care.

Why Do Drivers Leave the Scene of an Accident?

While every situation is unique, there are several common reasons drivers choose to flee the scene:

• Fear of legal consequences – Drivers may flee if they lack insurance or have prior offenses.
• Driving under the influence – Intoxicated drivers often panic and try to avoid arrest.
• No valid license or insurance – Those driving illegally may fear getting caught.
• Emotional response – Fear, confusion, or shock may cloud judgment after a crash.

No matter the reason, leaving the scene often makes things worse — legally, financially, and emotionally.

What Happens if You Flee the Scene of an Accident?

If you leave the scene of an accident involving injuries or death in Kansas, the offense can be classified as a felony. For accidents involving only property damage, it may be charged as a misdemeanor. The severity of the punishment will hinge on the outcome of the crash and the conduct of the driver.

Penalties for a Hit-and-Run Conviction

According to Kansas Statute 8-1602(b), penalties for leaving the scene of an accident vary based on the nature of the incident:

• Property damage less than $1,000 is a misdemeanor offense and is punishable under K.S.A. 8-2116.
• If the crash causes injury or property damage of $1,000 or more, it becomes a class A person misdemeanor.
• Accidents resulting in great bodily harm are treated as a severity level 8, person felony.
• If the crash results in death, it is charged as a severity level 6, person felony.
• If the driver knew or should have known the crash caused injury or death, the charge increases to a severity level 4, person felony.
• When more than one person dies in the accident and the driver had knowledge or should have had knowledge of the harm caused, the offense rises to a severity level 3, person felony.

These penalties can be accompanied by additional consequences, including civil liability, loss of driving privileges, and long-term impacts on insurance and employment.

How to Build a Civil Case Against a Hit-and-Run Driver

If you were injured in a hit-and-run, pursuing a personal injury claim may be the only way to recover damages. Even when the responsible driver is not identified right away, there are steps we can take to seek compensation:

• File a police report immediately
• Gather witness information and surveillance footage
• Seek immediate medical treatment to document injuries
• Work with an attorney to investigate and determine liability

In Kansas, uninsured motorist coverage may help if the driver is never found. But if the driver is located, a civil claim may allow you to pursue compensation that covers medical expenses, income lost due to time away from work, physical and emotional pain, and the cost of repairing or replacing your vehicle.

In our firm, we take a proactive approach to tracking down liable parties and building strong claims for our clients in Wichita and surrounding areas.

Contact Our Firm to Evaluate Your Hit-and-Run Claim

If you’re dealing with a hit-and-run in Kansas, it’s important to understand the legal consequences. So, is leaving the scene of an accident a felony? In many serious cases, yes — and that can affect your civil claim. At Pyle Law, we help clients across Wichita and nearby areas hold negligent drivers accountable. Call (620)-241-9000 for a free consultation and explore your legal options.

Explore More Related Hit and Run Articles

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• I Committed a Hit and Run, How Long Will It Take for Police to Find Me?
• Can You Leave The Scene Of An Accident If No One Else Was Involved?
• I’m a Victim of a Hit and Run.  How Long Will It Take for Police to Find the Driver?
• Leaving the Scene of an Accident with No One Else Involved