Maryland hit-and-run penalties scale sharply with the severity of the accident. Leaving the scene of an accident that caused only property damage is a misdemeanor under Md. Code, Transp. § 20-103, carrying up to 2 months in jail, a $500 fine, and 8 points. Leaving the scene of an accident involving bodily injury is a misdemeanor under § 20-102, carrying up to 1 year in jail, a $3,000 fine, and 12 points. If the accident caused serious bodily injury, leaving the scene becomes a felony — up to 5 years in prison and a $5,000 fine. If the accident caused a death, it is a felony carrying up to 10 years in prison and a $10,000 fine. The single biggest factor in any Maryland hit-and-run case is which tier applies — and the second biggest is whether the State can actually prove you were the driver.
“Hit and run” is the common name for what Maryland law calls failing to remain at, or return to, the scene of an accident. The duties are triggered the moment a driver is involved in an accident — whether the other party is another vehicle, a pedestrian, a cyclist, or unattended property. The consequences of failing to meet those duties depend almost entirely on what was hit and whether anyone was hurt.
What the Law Actually Requires After an Accident
Maryland’s accident-scene duties are spread across several statutes:
- § 20-102 — duty to stop and remain at the scene of an accident involving bodily injury or death, and to render reasonable assistance;
- § 20-103 — duty to stop and remain at the scene of an accident involving damage to an attended vehicle or property;
- § 20-104 — duty to give identifying information (name, address, vehicle registration, and on request, license) and render reasonable aid, including arranging transport to medical care if needed; and
- § 20-105 — duty when the accident involves an unattended vehicle or property (locate the owner or leave written notice).
Under § 20-104, if no one is present at the scene to receive the driver’s information and no law enforcement officer is present, the driver must report the accident to police and provide the required information. Failing to report can be a separate charge even if the driver eventually returns to the scene.
Tier 1: Property Damage Only (§ 20-103)
Leaving the scene of an accident that resulted only in property damage — to another vehicle or to attended property — is the least severe tier. It is a misdemeanor, and the typical maximum penalties are up to 2 months (60 days) in jail, a fine of up to $500, and 8 points on the driving record.
The 8 points are significant on their own — under Maryland’s point system, 8 points triggers a Notice of Suspension. So even a “minor” property-damage hit-and-run conviction can put the driver’s license at risk through the point system, separate from the criminal penalty. See Maryland license suspension vs. revocation vs. cancellation for how the point thresholds work.
Tier 2: Bodily Injury (§ 20-102)
Leaving the scene of an accident involving bodily injury to another person — where the injury is not “serious” as the statute defines it — is a more serious misdemeanor. The maximum penalties are up to 1 year in jail, a fine of up to $3,000, and 12 points.
The 12 points alone trigger automatic license revocation proceedings under the point system. This tier reflects the heightened duty under § 20-102 to not only stop and remain but to render reasonable assistance to the injured person — which the statute contemplates as including arranging for medical transport where necessary.
Tier 3: Serious Bodily Injury (Felony)
When the accident caused serious bodily injury and the driver knew or should have known the accident might result in such injury, leaving the scene is a felony. The maximum penalties are up to 5 years in prison and a fine of up to $5,000, plus 12 points.
“Serious bodily injury” is defined under Maryland law as an injury that creates a substantial risk of death, or that causes permanent or serious disfigurement, or that causes a permanent or protracted loss or impairment of the function of a body part or organ. Head injuries causing lasting mental impairment, loss of a limb’s function, and similar outcomes typically meet the definition. This is a fact-intensive determination that often becomes a central issue in the case — the difference between Tier 2 and Tier 3 is the difference between a misdemeanor and a felony.
Tier 4: Death (Felony)
Leaving the scene of an accident that resulted in death is the most serious tier — a felony carrying up to 10 years in prison and a fine of up to $10,000, plus 12 points. Depending on the circumstances, the underlying conduct may also support separate charges such as vehicular manslaughter. Cases at this tier are among the most serious offenses in the entire Maryland traffic code and are prosecuted aggressively.
The Identity Defense: The State Must Prove You Were Driving
The most powerful defense in many Maryland hit-and-run cases is identity. To convict, the State must prove beyond a reasonable doubt that the defendant was the person driving the vehicle at the time of the accident. Establishing that the defendant owns the vehicle is not enough — ownership alone does not prove who was behind the wheel.
In a typical hit-and-run, the other party did not get a clear look at the driver — that is often why the driver was able to leave. Without a witness who can identify the defendant as the driver, or a statement from the defendant admitting to driving, the State’s case can be difficult to prove. Police frequently attempt to obtain that admission from the registered owner — sometimes by suggesting there is video footage of the accident. Even where video exists, it rarely identifies the person behind the wheel clearly enough to establish identity. This is why making any statement without counsel is risky in a hit-and-run case.
The Knowledge Element
The accident-scene duties are triggered by the driver’s knowledge that an accident occurred. In minor property-damage situations — a parking-lot bump, a low-speed contact the driver genuinely did not feel — the driver may have a defense based on lack of awareness that any accident happened. “I didn’t know I hit anything” is a real defense in the right factual circumstances, particularly at the property-damage tier.
The knowledge defense weakens as the severity increases. It is far harder to credibly claim ignorance of an accident that caused serious injury than one that left a minor scratch. At the felony tiers, the standard is whether the driver knew or reasonably should have known an accident occurred and that it might have caused injury.
When Hit-and-Run Is Charged Alongside DUI
Hit-and-run and DUI are frequently charged together. When they are, the prosecution treats the act of leaving the scene as evidence of “consciousness of guilt” — arguing that the driver fled to avoid a DUI arrest. This combination makes both charges harder to defend, narrows PBJ and plea options, and raises the stakes considerably. The two offenses are separate, each with its own elements and penalty range, and the case has to be defended on both fronts. See DUI vs. DWI in Maryland for the impaired-driving framework.
Related Questions
- Driving without insurance in Maryland — The other major offense covered in this pillar.
- Insurance lapse and license suspension in Maryland — How insurance status interacts with accidents.
- Maryland license suspension vs. revocation vs. cancellation — How hit-and-run points affect your license.
- DUI vs. DWI in Maryland — When hit-and-run is charged alongside impaired driving.
- Maryland’s point system in a nutshell — Why 8 or 12 points from a hit-and-run matters.
The Tier Determines Everything — Get Counsel Early
A Maryland hit-and-run charge can be anything from a $500 misdemeanor to a 10-year felony, depending on what was hit and whether anyone was injured. The identity question — whether the State can actually prove you were driving — is often the decisive issue, and statements made to police early can undercut that defense. If you are facing a leaving-the-scene charge, or police are seeking to question you about one, talk to a Maryland hit-and-run lawyer before making any statement.
Toll-free: 1-877-566-2408. For the broader picture, see the complete Maryland insurance violations and hit-and-run guide.
Last updated: May 26, 2026.