What is the Difference Between Hit & Run “Attended” vs. “Unattended”?
One is a simple misdemeanor; the other can revoke your license for a year. Here is why who—or what—you hit matters.
The sound of metal on metal is terrifying. In the panic of a collision, many drivers make a split-second decision to drive away, often out of fear or confusion.
In Washington State, leaving the scene of an accident is a crime, but the severity of that crime depends entirely on one specific detail: Was there a person in the other car?
The legal distinction between hitting an “Attended” vehicle versus an “Unattended” one is the difference between a simple fine and a mandatory license revocation.
Here is the deep dive on the two types of Hit and Run charges in Washington, the penalties for each, and how The Law Offices of Barbara A. Bowden can help you save your license.
1. Hit & Run Unattended (The “Parking Lot” Scenario)
Statute: RCW 46.52.010
This is the most common charge we see. It typically happens in parking lots or on narrow residential streets. You back into a parked car or scrape a fence, panic, and drive home without leaving a note.
The Definition: You are charged with Hit and Run Unattended if you collide with a vehicle (or property) that is empty or unoccupied.
Your Legal Duty: If you hit an unattended vehicle, the law requires you to:
- Stop immediately.
- Attempt to locate the owner.
- If you cannot find the owner, leave a written note in a conspicuous place (like under the windshield wiper) containing your name and address.
The Penalty (Simple Misdemeanor):
- Jail: Up to 90 days.
- Fine: Up to $1,000.
- License: No License Suspension. (This is the critical difference).
2. Hit & Run Attended (The “Occupied” Scenario)
Statute: RCW 46.52.020
This is a much more serious offense. If the vehicle you hit had a driver or passenger inside—even if they weren’t injured—you are facing “Hit and Run Attended.”
The Definition: You are charged with Hit and Run Attended if you collide with a vehicle that is “driven or attended by any person.”
Your Legal Duty: You must stop at the scene (or as close as safely possible) and provide:
- Your name and address.
- Your vehicle insurance information.
- Your driver’s license (for inspection).
- Reasonable assistance to anyone injured.
The Penalty (Gross Misdemeanor):
- Jail: Up to 364 days.
- Fine: Up to $5,000.
- License: Mandatory 1-Year License Revocation.
Warning: If any person in the other vehicle was injured, the charge is automatically elevated to a Class C Felony, which carries a prison sentence of up to 5 years.
The Secret Weapon: “Compromise of Misdemeanor”
There is hope. Even if you made a mistake and fled the scene, you may not have to end up with a criminal record.
Washington law allows for a special legal procedure called a Compromise of Misdemeanor (under RCW 10.22).
In many Hit and Run cases involving only property damage, we can reach out to the victim (the owner of the car you hit). If we can facilitate full payment for their repairs and get them to sign a declaration stating they have been “satisfied” for their loss, the judge has the discretion to dismiss the criminal charges entirely.
This turns a criminal case back into a simple insurance matter.
Don’t Let Panic Define Your Future
If you have left the scene of an accident, do not speak to the police until you have spoken to an attorney. Statements you make can be used to upgrade your charges.
At The Law Offices of Barbara A. Bowden, we specialize in negotiating Compromise of Misdemeanor agreements to keep your record clean and your license valid.
Protect your freedom. Contact us today for a confidential consultation.