Leaving the Scene of an Accident Causing Death (Md. Transp. § 20-102)
A fatal hit-and-run is the most serious traffic offense in Maryland that is not a vehicular homicide. The maximum exposure is 10 years of imprisonment. The State always charges related counts. The bond at first appearance is usually high or denied.
If you have been charged under Md. Transp. § 20-102 in a fatal-accident case, retain counsel before the next court appearance.
What the statute requires
Section 20-102 of the Maryland Transportation Article requires the driver of any vehicle involved in an accident that results in death to immediately stop and comply with § 20-104. The duties include:
- Giving name, address, and vehicle registration
- Showing the driver's license on request
- Rendering reasonable assistance to any person injured in the accident, including arranging for medical treatment if necessary
A driver who knew or should have known that the accident occurred and that it resulted in death, and who failed to stop and comply, is guilty of an offense punishable by up to 10 years of imprisonment under § 20-102(b).
The State must prove the driver knew or had reason to know that the accident resulted in serious bodily injury or death. A defendant who knew of the impact but had no reason to believe anyone died has a defense to the higher penalty, though a § 20-102(a) (injury-only) verdict still carries 5 years.
The penalties
For leaving the scene of an accident causing death:
- Up to 10 years of imprisonment
- A fine up to $10,000
- 12 points on the MVA record, which triggers an automatic license revocation
- Restitution to the victim's family
- Permanent record consequences for employment, immigration, and professional licensing
A § 20-102(b) conviction is also a predicate that the State uses in any future vehicular-homicide or DUI case. See our vehicular manslaughter and DUI homicide page.
How the State proves it
The State has to prove five elements beyond a reasonable doubt:
- The defendant was the driver.
- The vehicle was involved in an accident.
- The accident resulted in death.
- The defendant knew or should have known that the accident occurred and caused serious injury or death.
- The defendant failed to stop, identify, and render assistance under § 20-104.
The State's two biggest hurdles are knowledge and driver identification. Many fatal hit-and-runs are charged after a vehicle is identified by tag, by a witness, or by surveillance video. The State then has to prove the registered owner was the driver at the time.
Defenses that work
- Driver identification. A tag trace and a witness description do not always prove who was behind the wheel. In a household with multiple drivers, the State has to eliminate the alternatives. We have won fatal hit-and-run cases by putting another household member on the stand.
- No knowledge that the accident caused death. The State has to prove the defendant knew or should have known the accident resulted in serious injury or death. A driver who hit a pedestrian at night in low visibility and believed the impact was minor may have a defense.
- No knowledge of the accident. A driver who did not feel the impact, did not see the victim, and had no reason to know an accident occurred has a defense to the entire charge. This is more often available in motorcycle, bicycle, and pedestrian cases than in two-car cases.
- Necessity. Maryland appellate decisions have recognized that a driver who leaves the scene because the scene is unsafe, and who promptly reports the accident, may not have violated the statute.
- Suppression of the post-incident statement. Most fatal hit-and-run cases turn on a statement the defendant gave to a detective at the door, at the police station, or by phone. A custodial-interrogation challenge can knock that statement out.
- Suppression of phone, vehicle, or surveillance evidence. A search warrant for a phone or a vehicle that lacks probable cause, or a surveillance video obtained without proper chain of custody, can come out of evidence.
- Forensic timeline challenges. Surveillance video timestamps, cell-site location data, and vehicle EDR data all have known precision limits. A defense expert can dismantle the State's timeline.
What a fatal hit-and-run case looks like in court
A fatal hit-and-run in Maryland follows a Circuit Court track:
- Arrest or surrender. The State usually applies for a warrant. A pre-warrant surrender, arranged by counsel, often produces a better bond outcome than waiting for the warrant team.
- Initial appearance and bond. Bond is usually high or denied at first appearance. A prepared bond review hearing with family witnesses, employment records, and proposed conditions of release is the first defense win.
- Indictment. The State takes the case to a grand jury within 30 days.
- Discovery and motions. Phone records, surveillance video, witness statements, accident reconstruction reports.
- Trial. Most fatal hit-and-run cases are demanded for jury trial.
A defense lawyer involved at the surrender stage has months of work to do before trial. A lawyer hired the week of trial does not have that time.
Common companion charges
The State rarely charges § 20-102(b) alone. Expect:
- Vehicular manslaughter (CR § 2-209) if gross negligence is alleged
- Homicide by motor vehicle while DUI (CR § 2-503) if alcohol or drugs are alleged
- Maryland DUI or drugged driving
- Reckless driving or excessive speed
- Failure to render aid under § 20-104
The whole package has to be defended together. A win on the leaving-the-scene count does not automatically defeat a vehicular-homicide count, and vice versa.
Prince George's County practice notes
PG County prosecutes fatal hit-and-run cases at the Circuit Court in Upper Marlboro. The PG County PD CRASH team and MSP CRASH unit handle the reconstruction. Bond decisions are tight. See our PG County bail process, Prince George's County arrested, what to do, and bail review lawyer pages.
Three rules from the first hour
If you or a family member is being investigated for a fatal hit-and-run:
- Do not talk to a detective without a lawyer in the room.
- Do not consent to a search of your phone, vehicle, or home.
- Do not make any calls from a jail line about the facts of the case. Every call is recorded.
Then call us. Contact FrizWoods for a free, confidential consultation. We defend fatal hit-and-run cases across Maryland. Contact FrizWoods.