During a three-year run as a Nashville prosecutor, Kevin Kennedy saw how these cases are charged and resolved. He handled traffic-related criminal cases and investigations involving crashes, injuries, disputed drivers, and allegations that someone left an accident scene. Hit-and-run cases can range from relatively minor property-damage allegations to felony cases involving death, and the legal duties imposed on a driver depend on what happened in the collision.
Tennessee does not rely on one single statute labeled "hit and run." Instead, several statutes govern a driver’s duties after an accident. The applicable charge may depend on whether another person was injured or killed, the amount of property damage, whether the other vehicle was attended or unattended, and whether the driver provided identifying information or reasonable assistance. If you are accused of leaving the scene of an accident in Nashville or Middle Tennessee, call Kevin Kennedy Law Firm to schedule a free, confidential consultation.
What Is Hit and Run in Tennessee?
Tennessee Code Annotated §§ 55-10-101 through 55-10-105 set out different duties after an accident. When a crash causes injury or death, § 55-10-101 generally requires the driver to stop at or as close as possible to the scene, return if necessary, and remain until the driver has fulfilled the information-and-assistance duties in § 55-10-103. When the accident involves damage to an attended vehicle or other covered property, § 55-10-102 similarly requires the driver to stop and remain until the statutory duties are completed.
Section 55-10-103 requires a driver involved in an accident causing injury, death, or damage to an attended vehicle to provide identifying and vehicle information and, when requested and available, exhibit a driver’s license. When a person is injured, the driver must also render reasonable assistance, including arranging transportation for medical treatment when it is apparent that treatment is necessary or the injured person requests it.
Accidents Involving Injury or Death
Under § 55-10-101, leaving the scene of an accident resulting in injury or death is generally a Class A misdemeanor. The statute elevates the offense to a Class E felony when a person fails to stop or comply with the statutory requirements and knew or should reasonably have known that death resulted from the accident.
The distinction matters greatly. The defense may examine what the driver could actually see or know at the time, the severity and location of the impact, statements made at the scene, vehicle damage, lighting conditions, video, and whether the driver later learned of an injury or death. A serious outcome alone does not automatically establish what the driver knew or reasonably should have known at the moment of departure.
Property-Damage Hit and Run
When the accident involves vehicle or property damage without suspected injury, § 55-10-102 applies. If the damage to vehicles or property not owned or operated by the accused does not exceed \$1,500, or would appear to a reasonable person not to exceed \$1,500, failing to stop or comply is a Class B misdemeanor. If the damage exceeds \$1,500, or would appear to a reasonable person to exceed that amount, the offense is a Class A misdemeanor.
Damage value can therefore affect the grade of the offense. Repair estimates, photographs, insurance appraisals, invoices, preexisting damage, and expert evaluation may be relevant. The statute uses both actual damage and what would appear to a reasonable person, so the visible condition of the vehicles immediately after the collision can matter.
Unattended Vehicles and Other Property
Different duties apply when a driver strikes an unattended vehicle. Under § 55-10-104, the driver must immediately stop and either locate and notify the owner or operator or leave a written notice in a conspicuous place containing the required identifying information and a statement of the circumstances. A collision with a parked, unoccupied car can therefore still lead to a criminal allegation if the driver leaves without taking the required steps.
Tennessee law also addresses collisions with fixtures or other property along a highway. The specific statute and penalty can depend on what was struck and what the driver did afterward. Because the phrase "hit and run" is broad, the defense should identify the exact code section charged rather than assuming every accident is treated the same way.
Common Defenses to Leaving the Scene of an Accident
Identity is a recurring issue. Police may locate a vehicle based on a partial plate number, witness description, surveillance footage, debris, or later damage, but proving which person was actually driving is a separate question. The defense should examine video quality, witness viewing conditions, vehicle access, phone-location evidence, and statements made by occupants or owners.
Knowledge and circumstances surrounding the departure can also matter. A driver may dispute knowing that contact occurred, particularly in a low-speed event, or may contend that the driver stopped nearby in a safe location and attempted to comply. In more serious cases, a driver may have left because of an immediate safety threat or medical emergency. The legal effect depends on the facts, but the reason for leaving should be investigated rather than ignored.
Did the Driver Actually Fail to Comply?
Stopping momentarily is not necessarily enough if the statute required the driver to remain and exchange information or render assistance. On the other hand, the State must prove an actual failure to satisfy the statutory requirements. 911 records, call logs, photographs, messages, witness statements, and body-worn camera footage may show that the driver reported the crash, returned to the scene, exchanged information, or tried to locate the owner of an unattended vehicle.
The exact sequence and timing matter. A person who leaves for a legitimate reason and promptly contacts law enforcement presents a different factual situation from someone who deliberately conceals the crash. An attorney should reconstruct the timeline before deciding how the case should be defended or negotiated.
License and Related Consequences
A conviction under § 55-10-101 for an accident involving injury or death results in revocation of the person’s driver license or operating privilege. Property-damage cases can also lead to license consequences in certain circumstances, including when the driver is not in compliance with Tennessee’s financial-responsibility requirements. Separate charges may arise if the investigation also alleges DUI, reckless driving, driving on a suspended license, or another offense.
Those related accusations should be evaluated independently. Leaving the scene does not prove that the driver caused the accident or committed another traffic crime, and being at fault for the collision is not always an element of the leaving-the-scene charge. The defense should separate the duty to stop from questions about how the accident happened.
How Kevin Approaches Hit and Run Cases
Leaving-the-scene cases turn on what the driver knew at the moment of the collision. Kevin reconstructs the incident from the crash report, scene photographs, vehicle damage, surveillance and body-worn camera footage, repair and insurance records, and witness statements, then compares all of it with the client’s account of what they saw and heard. Knowledge of the impact is often genuinely in dispute.
From his time prosecuting these cases, Kevin knows how quickly a hit-and-run allegation softens when knowledge or identity is uncertain. Depending on the circumstances, the defense may dispute knowledge of the collision, contest identification of the driver, present repair or insurance records, seek suppression of unlawfully obtained evidence, negotiate for a dismissal or reduction, or prepare the case for trial.
Some of the most useful work happens outside the courtroom. Collecting repair estimates, insurance correspondence, and medical documentation, and addressing any restitution question early, can meaningfully improve where a leaving-the-scene case ends up. If you are charged with hit and run in Nashville or Middle Tennessee, contact Kevin Kennedy Law Firm for a free, confidential consultation.
Legal references: Tenn. Code Ann. §§ 55-10-101, 55-10-102, 55-10-103, 55-10-104, 55-10-105, 55-10-106, and 40-35-111. This page is general information, not legal advice.
For the full range of Tennessee driving offenses, see our Nashville traffic lawyer page.