Can a Hit & Run Be Charged as a Felony in Washington?
If someone was hurt—even slightly—a simple traffic accident can turn into a prison sentence. Here is where the law draws the line.
Most drivers understand that leaving the scene of an accident is a crime. However, many assume it is just a “traffic crime”—a misdemeanor that results in a fine or a suspended license.
This is a dangerous assumption. In Washington State, a Hit and Run can instantly escalate from a misdemeanor to a Felony based on one single factor: Injury.
If you leave the scene of an accident where any person was injured—whether it was a pedestrian, a bicyclist, or a passenger in another car—you are no longer facing a simple traffic charge. You are facing a felony conviction and time in state prison.
Here is the deep dive on when a Hit and Run becomes a felony, the specific penalties you face, and the “knowledge” trap that catches many drivers off guard.
The “Injury” Trigger (Class C Felony)
Statute: RCW 46.52.020(4)(b)
Under Washington law, if you are involved in an accident that results in injury to any person and you fail to stop and provide your information, you are guilty of a Class C Felony.
What counts as an “injury”?
The legal threshold is frighteningly low. It does not require broken bones or hospitalization. A prosecutor can charge you with a felony for minor injuries such as:
- Whiplash or neck pain.
- Bruising or soreness.
- Cuts or scrapes.
- Concussion symptoms.
If the other driver or passenger complains of “neck pain” to the police officer at the scene after you have left, a warrant can be issued for your arrest on felony charges.
The Penalty:
- Prison: Up to 5 years in a state correctional facility.
- Fine: Up to $10,000.
- License: Mandatory license revocation for at least 1 year.
The “Death” Trigger (Class B Felony)
Statute: RCW 46.52.020(4)(a)
If the accident results in a fatality, the charge is elevated to a Class B Felony. This is one of the most serious traffic offenses in Washington law, often treated similarly to Vehicular Homicide.
The Penalty:
- Prison: Up to 10 years.
- Fine: Up to $20,000.
- License: Mandatory license revocation.
The “Knowledge” Trap
The most terrifying aspect of Washington’s Hit and Run law is what you don’t have to know to be convicted.
According to Washington case law (State v. Vela), the prosecutor does not have to prove that you knew someone was injured. They only have to prove that you knew you were involved in an accident.
The Scenario:
You rear-end a car in heavy traffic. There is very little damage. You panic, think “it’s just a bumper tap,” and drive away. You assume it is a minor “fender bender.”
However, if the driver of that car later goes to the doctor for whiplash, you are now on the hook for a felony. Your ignorance of their injury is not a valid defense.
Can I Use a “Compromise of Misdemeanor”?
No.
The special “Compromise of Misdemeanor” law (which allows for civil settlements to dismiss charges) applies only to misdemeanor crimes involving property damage.
Felony Hit and Run cannot be compromised. Once the state files felony charges, you cannot pay the victim to make the case go away. You must fight the case in Superior Court.
How We Defend These Cases
If you are facing a potential felony charge, time is critical. At The Law Offices of Barbara A. Bowden, we use specific strategies to protect our clients:
- Challenging “Knowledge”: We force the state to prove you actually knew a collision occurred. If you didn’t know you hit someone (common with large trucks or minor swipes), the crime is not committed.
- Disputing the “Injury”: We scrutinize medical records. If the “injury” is exaggerated or pre-existing, we fight to get the charges reduced back to a Gross Misdemeanor (Attended Hit and Run), which is eligible for a civil compromise.
- Negotiating Down: We work to negotiate a reduction to a non-felony charge to save you from prison time and the permanent stain of a felony record.
Do not wait to be arrested. Contact us immediately if you have been involved in an accident and left the scene.