Maryland Hit And Run: Rights and Options as the Victim of a Hit-and-Run Accident

Key Takeaways

• In Maryland, leaving the scene of an accident is a criminal offense with penalties including jail time and fines.
• Calling the police and documenting the scene immediately are the most critical steps after a hit-and-run.
• Prosecutors must prove the fleeing driver knew they were involved and chose not to stop.
• Uninsured motorist coverage under Maryland law may provide compensation when the at-fault driver is unidentified.
• An attorney can help preserve evidence, negotiate with insurers, and pursue all available compensation options.

A collision that leaves you without answers while the other driver speeds away raises immediate questions: Who pays for this? Can the driver be found? What happens if they cannot? Becoming the victim of a hit-and-run accident in Baltimore puts you in a difficult position at the worst possible moment. In Maryland, this conduct is legally known as “leaving the scene of an accident” and occurs when a driver involved in a crash flees without providing identifying information, checking for injuries, or rendering assistance, whether the accident involved property damage, injuries, or a fatality.

At Bob Katz Law, our Baltimore car accident attorney team helps people understand what options remain available when a driver leaves the scene.

What Is a Hit-and-Run?

A hit-and-run occurs when a driver causes a collision and flees without stopping to share contact information, check on those involved, or report the crash. Under Maryland Transportation Code §20-102, any driver involved in an accident resulting in bodily injury must stop as close as possible to the scene, remain there, and provide identifying information and assistance to injured parties.

Criminal penalties for leaving the scene of an accident vary depending on whether the collision resulted in property damage, injury, serious bodily injury, or death. Under Maryland law, these penalties may include fines, imprisonment, and points assessed against a driver’s driving record, with more severe consequences when the accident causes significant injuries or fatalities.

Beyond criminal exposure, a fleeing driver also faces civil liability for medical costs, property damage, lost wages, and other losses caused by the crash.

Immediate Steps to Take After a Hit-and-Run

After a hit-and-run, taking the right steps quickly can protect both your health and your legal claim. Here is what to do:

• Stay at the Scene: Leaving the scene after being hit can create legal complications.
• Check for Injuries: Assess yourself and any passengers; call 911 immediately if anyone is hurt.
• Call the Police: As noted by the Maryland Department of Transportation, police should be contacted when someone is injured or a driver has attempted to leave without exchanging information. A police report is essential for insurance and legal purposes.
• Document Everything: Note the fleeing vehicle’s color, make, model, and any portion of the license plate. Photograph the damage, the scene, and any visible injuries.
• Collect Witness Information: Get names and contact details from anyone who saw the collision.
• Seek Medical Attention Promptly: Some injuries do not present symptoms immediately. A same-day evaluation creates a record linking the crash to your injuries.
• Notify Your Insurance Company: Report the incident as soon as possible and preserve all documentation.

Why Drivers Leave the Scene of an Accident

Understanding why a driver flees can inform the investigation and the legal strategy that follows. Common reasons can include fear of DUI charges, driving without a valid license or insurance, outstanding warrants, and panic in the immediate aftermath of a crash. According to Zero Deaths Maryland, nearly 800 people have been killed in crashes involving an impaired driver over the past five years. Because impaired driving carries significant criminal consequences, some drivers may flee the scene in an attempt to avoid arrest or additional charges.

What Evidence Is Needed to Convict for a Hit and Run Case?

To convict someone of a hit-and-run, prosecutors must prove the driver was aware of their involvement and consciously chose to leave. As a victim of a hit-and-run accident, understanding what builds that case matters. Evidence typically includes eyewitness accounts identifying the vehicle or driver, surveillance and dashcam footage showing the failure to stop, physical evidence such as paint transfers and broken parts left at the scene, and digital records, such as GPS data or vehicle telematics, that place a suspect at the scene during the crash.

Legal Options After a Hit-and-Run Accident

When the at-fault driver is identified, a personal injury claim can be filed directly against them. When the driver is never found, Maryland law still provides a path to compensation. Under Maryland Insurance Code §19-509, all Maryland vehicle owners are required to carry uninsured motorist coverage, which applies when the at-fault driver had no insurance or cannot be identified. The claim is filed with your own insurer as a first-party claim.

Maryland automobile insurance policies generally include at least $2,500 in Personal Injury Protection (PIP) coverage, which can help cover medical expenses and lost wages regardless of fault, unless the coverage has been validly waived under Maryland law. Reviewing your policy before assuming this coverage applies is important.

I Was Hurt in a Hit-and-Run Accident. What Damages Can I Get for My Case?

Every victim of a hit-and-run accident faces the same question after the crash: What can actually be recovered? Compensation focuses on restoring what the injured person lost. Recoverable damages typically include medical expenses, lost wages and reduced earning capacity, property damage, and pain and suffering. Insurance adjusters reviewing UM claims usually propose early settlements that fail to account for long-term effects. Accepting any offer permanently closes the claim, so understanding the full scope of losses before agreeing to a settlement is essential.

How Can a Lawyer Help Me?

After a hit-and-run, evidence disappears fast. Footage gets overwritten, witnesses become harder to reach, and insurers begin building their defense. Our team at Bob Katz Law can help clients preserve critical evidence, identify all available coverage, and navigate insurer negotiations from the start. Anyone who has been the victim of a hit-and-run accident in Baltimore can contact us today at (410) 576-4287 for a free consultation.

Timothy J. Capurso

Timothy J. Capurso is chair of the firm’s Personal Injury Practice Group. He concentrates his practice on personal injury cases of all types, focusing on automobile accidents. His background includes litigating personal injury cases from inception through trial and settlement negotiations. 25+ years of experience.

Contact Timothy J. Capruso