Is a Hit and Run a Felony in Des Moines?

Hit-and-run accidents are some of the most confusing and troubling accidents a person can get into. When a driver causes a crash and then leaves the scene without offering any information or help, the consequences can be harsh. These consequences aren't only severe for the hit-and-run victims, but also for the hit-and-run driver.

Here in Iowa, a hit-and-run crash is taken very seriously, but whether or not it's a felony crime depends on a number of factors.

For those who are asking the question, "Is a hit-and-run a felony?" it's important to understand how the state handles these cases, as well as understand all of the legal definitions, penalties, and potential consequences of this type of car accident. It's also important to work with a lawyer if you are the victim of a hit-and-run.

What Is Considered a Hit and Run Car Accident in Iowa?

According to Iowa law, a hit and run occurs when a driver involved in a car accident doesn't stop and fulfill the following legal obligations:

• Stopping at the scene of an accident

• Providing their name, address, and vehicle registration

• Offering assistance to anyone with a serious injury

• Notifying law enforcement when required

Failing to do these things could result in criminal charges, however, the severity of those charges depend on several details, including if the at-fault driver is charged with a felony.

When Is a Hit and Run Crash a Felony Charge?

In Iowa hit-and-run cases, the at-fault driver can be charged with a misdemeanor or a felony. The difference depends on whether or not the victim was injured or killed.

Hit and Run Involving Property Damage

If a hit-and-run only involves property damage, such as damage to another vehicle, a fence, or even a parked car, the offense is typically classified as a serious misdemeanor.

For this type of charge after a traffic crash, penalties might include fines, possible jail time, and the suspension of the person's driver's license.

Hit and Run Involving Injury

When a hit-and-run leads to serious bodily injury, the stakes are much higher. In Iowa, if a person leaves the scene of an accident where there are injured parties, the case could be charged as an aggravated misdemeanor.

Penalties of these charges include up to two years in prison, substantial fines, and extended suspension of the driver's license.

If the charge is a class B misdemeanor or class C misdemeanor, though still serious, the consequences of this charge is less severe than a felony charge.

Hit and Run Causing Death

If a hit and run causes a death, this is where a felony charge can come into play. In Iowa, leaving the scene of an accident that causes a death is considered a class "D" felony.

Penalties for a class "D" felony include:

• Up to five years in prison

• Significant fines

• Long-term driver's license suspension

• A permanent criminal record

In Iowa, this is the most severe category of a hit-and-run offense, and it shows how serious the state legal system considers these situations.

Hit-and-Run Laws - Legal Duty to Remain at the Scene

Drivers in Iowa have a legal obligation to stay at the scene of the accident, even if they are not at fault. This is a law that exists to ensure:

• Any injured accident victims get medical attention

• Law enforcement can make an accurate police report of the collision

• Car insurance claims can be processed correctly

If a driver fails to stay, not only are they violating the law, but they are also escalating a minor issue into a criminal offense.

Why Hit-and-Run Drivers Leave the Scene

Though the law is very clear, some drivers will forgo the legal consequences and flee the scene hoping to "get away" and not be involved in the situation. Some of the most common reasons a person will leave the scene of a motor vehicle crash include:

• Panic or fear following the crash

• Lack of a valid driver's license

• Driving under the influence of drugs or alcohol

• Concerns about collision coverage, or lack thereof

• Outstanding warrants or legal issues

While these factors can explain a driver's behavior, they don't excuse it. In fact, if the other driver flees the scene of an accident, it's very likely that the action will lead to something much more serious than simply driving without a license or not having insurance coverage.

Additional Consequences Beyond Criminal Charges

A hit-and-run charge and conviction can have a long-term affect beyond jail or fines. A person charged with these crimes may also face:

License Suspension or Revocation

The Iowa Department of Transportation may suspend a person's driver's license, or even revoke it, following a hit-and-run. In a felony case, it can last for several years.

Insurance Consequences

There also may be insurance consequences. For instance, their own insurance company may drop them, they might deny covering any damages, or they may significantly increase the person's premiums.

Civil Liability

Of course, there is also the possibility that the driver involved could also face civil lawsuits from the victim or victims of the crash. These often go alongside criminal penalties and might include paying for:

• Medical expenses and medical bills

• Lost wages

• Pain and suffering

• Property damage

• More significant damages if the victim dies as a result of the crash

How Law Enforcement Investigates Hit and Run Cases

Hit-and-run cases are often investigated thoroughly by local law enforcement agencies in Des Moines. Officers may use a variety of tools and techniques, including:

• Witness statements

• Surveillance footage from nearby businesses or traffic cameras

• Vehicle debris left at the scene

• License plate recognition technology

• Social media and public tips

Even if a driver initially escapes, advancements in technology make it increasingly likely that they will be identified and charged.

Defenses to Hit and Run Charges

Although hit-and-run charges are serious, there may be legal defenses available depending on the circumstances of the case. Common defenses include:

Lack of Knowledge

A driver may argue they were unaware that an accident occurred, particularly in minor collisions. However, this defense can be difficult to prove.

Medical Emergency

If a driver left the scene due to a genuine medical emergency, this may serve as a mitigating factor.

Inability to Safely Stop

In rare situations, stopping immediately may have posed a danger, such as on a high-speed roadway without a safe shoulder.

Mistaken Identity

If there is insufficient evidence linking the accused to the accident, a Des Moines accident attorney may challenge the identification.

Each case is unique, and the success of any defense depends on the specific facts and evidence involved.

The Importance of Legal Representation

Facing a hit-and-run charge—especially a felony—can be overwhelming. The legal system in Iowa imposes strict penalties, and a conviction can have lasting repercussions on a person’s life.

An experienced attorney can:

• Evaluate the evidence and identify weaknesses in the prosecution’s case

• Negotiate for reduced charges or alternative sentencing

• Represent the accused in court proceedings

• Protect the client’s rights throughout the legal process

Early legal intervention is often critical in achieving the best possible outcome. They can answer questions like will a hit-and-run claim raise my insurance?

What to Do After a Hit and Run Accident

If you were involved in a hit-and-run accident, the best thing to do is remain calm, and then do the following:

• Stay at the scene of the accident and make sure that everyone there is safe.

• If the accident resulted in injuries, call emergency services. If not, reach out to the police station to get a law enforcement officer on the scene.

• Exchange information with any other parties involved.

• Document the scene with photos, videos, and notes.

• Cooperate with law enforcement and ensure that it's on record that a driver left the scene

• Write down anything and everything you remember about the driver involved, their vehicle, or other information.

For victims of a hit and run, reporting the incident promptly increases the likelihood of identifying the responsible driver.

Work with Tom Fowler Law if You are the Victim of a Hit-and-Run

Is a hit-and-run a felony in Iowa? It depends on how serious the accident was and if anyone was injured. A minor accident that doesn't have any injuries associated with it might be a misdemeanor charge. However, accidents that involve injury or death often lead to more serious charges, which include felony charges.

In Des Moines and throughout Iowa the law is very clear. If you are driving a vehicle involved in an accident, you must stop, provide information, and render assistance, if needed. Not doing so can push a difficult situation into one with life-changing consequences.

If you were hit by a hit-and-run driver, it's best to reach out to a personal injury attorney like Tom Fowler. The firm offers free consultations, and can discuss if seeking compensation and protecting your legal rights is the right next step.