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Hit and run (vehicular)
Hit-and-run is the crime of colliding with a person, their personal property (including their motor vehicle), or a fixture, and failing to stop and identify oneself afterwards.
Additional obligation
In many jurisdictions there may be an additional obligation to exchange information about one's financial responsibility (including any applicable insurance) or to summon emergency services if they are needed. There may also be requirement to leave a note containing pertinent information if the property owner is not present.
History
Hit-and-run laws arose from the difficulties that early car accident victims faced in identifying perpetrators so that they could be brought to justice. Apart from the obvious ability of an automobile to flee the scene quickly (if still driveable), drivers often wore driving goggles, vehicles at the time did not have license plates, and roads were unpaved and thus quite dusty.<ref>Edward C. Fisher, Vehicle Traffic Law (Evanston, IL: Traffic Institute, Northwestern University, 1961): 289.</ref>
Legal consequences
Hit-and-run has severe legal consequences including the suspension or cancellation of one's driver's license, as well as imprisonment. Lifetime revocation of a driver license is possible in certain jurisdictions. Attempts to understand the mental state of the hit and run driver began soon after the offense became codified<ref>{{#if:Selling
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Stats
Hit-and-run drivers were more likely to be driving vans than cars; to be young males; and were far more likely to fail a breathalyzer test than other drivers, if apprehended.<ref name="dft">Template:Citation/core{{#if:|}}</ref>
Country-specific penalties
Germany
Article 142 of the Strafgesetzbuch (penal code) hit-and-run ("illicit leaving of the scene of an accident") is punished with prison up to three years or a fine. Persons who have caused a traffic accident, or have contributed to it, have the duty to identify themselves to the victims or to other contributors. If the victim is not present (e.g. damage of a parking car) the one who caused the accident has to wait a certain time. If the victim doesn't appear, he has to leave his address or to report the accident to the police.
Different in that it applies not only to the perpetrator of an accident, article 323c states that anyone who fails to provide necessary help in an emergency can be punished with prison up to one year or a fine. This only applies if providing help is a "reasonable burden", that is when it can take place "especially without putting yourself in substantial danger or neglecting other important duties". Not being explicitly asked to help is, to the contrary, is not an acceptable reason not to do so. In a traffic accident for example, the actions expected would be 1. securing the site against follow-up accidents, 2. calling emergency services, and 3. providing first aid to your ability until professional help arrives.
Mainland China
Article 101 of the Road Traffic Safety Law of the People's Republic of China provides hit and run results in revocation of a driving licence, and lifetime bar from obtaining one again.
The Penal Code provides that hit and run after an incident resulting in death, grievous bodily harm or major property damage is punishable with 3 to 7 years' prison, and 7 to 15 years if the act of hit and run results in death.
Taiwan
Administrative penalties
Article 62 of the Act Governing the Punishment of Violation of Road traffic Regulations proclaimed on 28 December 2005 and effective on 1 July 2006 provides the following administrative penalties:
Section 1: Without personal injury and death, hit-and-run drivers of motor vehicles are subject to administrative fines of 1000 to 3000 new Taiwan dollars and suspension of their driver licenses for 1 to 3 months.
Section: 4: With minor personal injury, hit-and-run drivers of motor vehicles are subject to revocation of their driver licenses, for 1 year pursuant to Section 3 of Article 67. With serious personal injury or death, hit-and-run drivers of motor vehicles are subject to revocation of their driver licenses, for lifetime pursuant to Section 1 of Article 67, but Article 67-1 allows a possible waiver after serving the revocation for 12 years if the revocation involved personal death, or 10 years if involving serious personal injury.
Criminal penalty
With personal injury or death, hit-and-run drivers of motor vehicles are also subject to imprisonment of 6 months to 5 years pursuant to Article 185-4 of the Criminal Code of the Republic of China. Hit and Run, although illegal, is seldom prosecuted on Taiwan. Drunk driving has a much more severe penalty so drunk drivers involved in accidents rarely stop to be tested.
Case law
On 13 September 1991 in the Taiwan Area, the Judicial Yuan of the Republic of China in its Interpretation 284 considered that revoking a driver license for vehicular hit and run involving personal injury or death would not violate the Constitution of the Republic of China.<ref>Judicial Yuan Interpretation 284 translated by Li-Chih Lin, Esq., J.D.</ref>
On 19 October 2001 in the Taiwan Area, the Judicial Yuan of the Republic of China in its Interpretation 531 further considered that lifetime revocation of a driver license for vehicular hit and run involving personal injury or death would not violate the Constitution of the Republic of China. However, this Interpretation also suggested relevant authorities in charge to reconsider the lifetime revocation and consider reinstatement for rehabilitated drivers.<ref>Judicial Yuan Interpretation 531 translated by Li-Chih Lin, Esq., J.D.</ref>
United States
The penalties (and the definition) of hit-and-run vary from state to state.<ref>Template:Citation/core{{#if:|}}</ref> For example, in Virginia, the crime is a felony if the accident causes death, injury, or damage to attended property in excess of a certain dollar amount; otherwise, it is a misdemeanor.<ref>Template:Citation/core{{#if:|}}</ref>
In Texas, the crime is a third degree felony if the accident involves a fatality or serious bodily injury. Accidents causing less serious injuries are punishable by imprisonment in the Texas Department of Criminal Justice for not more than five years or confinement in the county jail for not more than one year and/or a fine not to exceed $5,000. Accidents causing $200 or more in total damages without injuries are punishable by a class B misdemeanor, and accidents causing less than $200 in total damages are a class C misdemeanor.<ref>Template:Citation/core{{#if:|}}</ref>
Canada
Hit and run is defined in Canada as Failure to stop at scene of accident under Section 252 of the Criminal Code of Canada and subject to a penalty of 5 years in prison. Those found guilty often face additional criminal offences, including causing bodily harm or death, and may face additional prison time.
