Hit and Run / Leaving the Scene of an Accident in Minnesota

What the law requires after a collision

Under Minn. Stat. § 169.09, a driver involved in a collision must:

• Stop immediately at the scene (or as close as safely possible) and investigate what was struck.
• Exchange information — name, address, date of birth, and, on request, vehicle and insurance information — with others involved.
• Render reasonable aid if someone is injured, and remain until information is provided.
• Notify police of a collision involving injury, death, or significant damage.
• For an unattended vehicle or property (like a parked car), locate the owner or leave a note with your information — failing to do so is a misdemeanor.

Leaving without meeting these duties is what turns an accident into a crime — even if you weren’t at fault for the crash itself.

How the charges are graded

The level of the offense generally tracks the severity of the collision:

• Property damage / no injury — leaving the scene is typically a misdemeanor (up to 90 days in jail and a $1,000 fine), and can carry a license consequence.
• Personal injury — a more serious misdemeanor or gross misdemeanor level, with higher maximum penalties (up to a year in jail and a larger fine).
• Great bodily harm — charged as a felony, with a maximum around two years and a fine up to roughly $4,000.
• Death — a felony, with a maximum around three years and a fine up to roughly $5,000.

Separately, if the driver who caused an accident involving injury or death leaves the scene, prosecutors can charge criminal vehicular operation (Minn. Stat. § 609.2113) — a more serious felony. The key difference is causation: criminal vehicular operation requires that the fleeing driver caused harm, while § 169.09 can apply even to a driver who did not cause the collision.

Why identity is the central issue

The defining problem in most hit-and-run cases is proving who was driving. By definition, the driver left — so the State often has to build identity from circumstantial evidence: vehicle registration, damage matching, witness descriptions, surveillance, or later statements. Owning the car is not the same as driving it. If the State cannot prove beyond a reasonable doubt that you were the driver, the case can fail. This is frequently where these cases are won.

Other defenses

• Lack of knowledge. The law generally requires that you knew or had reason to know a collision occurred (or caused damage/injury). A genuine lack of awareness — a minor contact you didn’t notice — can be a defense.
• You did comply. Whether you actually stopped and provided or attempted to provide the required information, or reported within the allowed time.
• No qualifying collision or damage. Whether the elements (a collision, the required level of damage or injury) are actually met.
• Charging level. Whether the facts support the misdemeanor, gross misdemeanor, or felony charged — the difference in exposure is significant.

What to do if you’re accused

Because identity and knowledge are so central, what you say to investigators can make or break the case — and statements are often how the State proves who was driving. If you are contacted about a hit-and-run, it is usually wise to talk to an attorney before giving a statement. Early, careful handling matters more here than in almost any other traffic-related charge.