Criminal Defense Attorney Kevin Kennedy prosecuted leaving the scene of an accident cases as a prosecutor in the Davidson County District Attorney’s Office. He now uses that expertise to defend clients accused of leaving the scene of a minor accident. Kevin holds his law degree from Vanderbilt Law School and is an active member of the Tennessee Association of Criminal Defense Lawyers.
Client Reviews
What Clients Say
“10/10 was a great help in working my case and helped to an extraordinary degree communicating everything that was going on and that would transpire. I completely would recommend Kevin Kennedy to anyone that needs legal help!!!!”Cameron
A scrape in a parking lot or a tapped bumper can become a criminal charge when a driver leaves without stopping. Under Tenn. Code Ann. § 55-10-102, the duty to stop and exchange information applies to every property-damage accident — even minor ones — and leaving without doing so is a misdemeanor.
If you are facing a leaving-the-scene charge involving lower-value damage in Nashville or Middle Tennessee, call Kevin Kennedy Law Firm for a free, confidential consultation. The firm’s general leaving-the-scene page remains the broad guide; this page focuses on lower-damage property accidents. Higher-damage cases are covered on the over-$1,500 page.
Tennessee’s Leaving-the-Scene Statutes
Section 55-10-102 governs accidents involving damage to a vehicle or other property and requires the driver to stop, remain, and exchange information. Accidents involving injury or death fall under § 55-10-101 and are far more serious — this page addresses minor property-damage cases only.
Required Driver Conduct After an Accident
The driver must stop immediately at or near the scene, remain, and provide name, address, and insurance information. For unattended property — a parked car, a fence, a mailbox — the driver must make a reasonable effort to locate the owner or leave the required information. Whether the accused actually did these things is usually the central factual dispute.
Property Damage Below $1,500
Lower-damage cases are the most common leaving-the-scene charges: parking-lot contact, sideswipes, minor rear-end collisions. The alleged damage amount affects charging, negotiation, and restitution, but the precise statutory classifications and any dollar thresholds should be verified against the law in effect on the offense date — the legal significance of a specific figure like $1,500 depends on the current statutory text. What matters practically is that lower-damage cases carry the most room for favorable resolution.
Classification and Penalties
Property-damage leaving-the-scene offenses are misdemeanors carrying potential jail time, fines, restitution, and driver’s license consequences. Lower-damage cases frequently resolve without a conviction — through dismissal, diversion, or a negotiated outcome — particularly when the driver makes restitution and has no record.
Knowledge of the Accident
Lack of knowledge is a genuine defense, and it is most credible in minor-damage cases. Light contact, road noise, weather, and large or loud vehicles can make a minor collision genuinely undetectable. The damage pattern, point of impact, and circumstances all bear on whether the State can prove the driver knew or should have known.
Identification and Proof of Driving
Minor-accident cases are often built after the fact from a plate number or a vehicle found with matching damage. The State must still prove who was driving. Witness descriptions, camera footage, and damage matching all have limits — a parked car with a scraped bumper does not prove who was behind the wheel.
Property-Damage Valuation
The alleged damage amount is evidence, not a given. Estimates can include pre-existing damage or above-market rates, and the amount affects both charging and restitution. Photographs and competing estimates can materially change the case.
Potential Defenses
- The accused did not know an accident occurred.
- The accused was not the driver.
- The accused stopped or attempted to leave the required information.
- The damage estimate is inflated or includes pre-existing damage.
- The identification evidence is unreliable.
- The accused left for a genuine safety reason and reported promptly.
Related Nashville Defense Pages
- Nashville Leaving the Scene of an Accident Lawyer
- Nashville Leaving the Scene of an Accident Over $1,500 Lawyer
- Nashville Reckless Driving Lawyer
- Nashville Traffic Offense Lawyer
- All Felonies and Misdemeanors
Frequently Asked Questions About Leaving the Scene of a Minor Accident
Is leaving the scene of a minor accident a crime in Tennessee?
Yes. Tenn. Code Ann. § 55-10-102 requires a driver involved in a property-damage accident to stop, remain, and exchange information — regardless of how minor the damage is. Leaving without doing so is a misdemeanor offense.
Does the statute use a $1,500 threshold?
The damage amount affects how these cases are charged and resolved, but the specific statutory classifications and any dollar thresholds should be verified against the law in effect on the offense date. This page addresses lower-damage property accidents; the exact legal significance of a particular figure depends on the current statute.
What must a driver do after a minor accident?
Stop immediately at or near the scene, remain, and provide name, address, and insurance information. If the damaged property is unattended — a parked car, a fence — the driver must make a reasonable effort to find the owner or leave the required information.
What if I did not know I hit anything?
Lack of knowledge is a real defense, especially with minor damage. Light contact, road noise, and large vehicles can all make a minor collision genuinely undetectable. The damage pattern and circumstances bear on whether the State can prove knowledge.
What are the penalties for a minor leaving-the-scene charge?
Property-damage leaving-the-scene offenses are misdemeanors carrying potential jail time, fines, restitution, and license consequences. Lower-damage cases often resolve favorably, particularly when the driver makes restitution and has no record.
How does the State prove I was driving?
Through witness descriptions, surveillance or doorbell-camera footage, plate information, and vehicle damage matching. When no one saw the driver, identification can be the weakest part of the State’s case.
Can the damage amount be disputed?
Yes. Estimates can include pre-existing damage or above-market rates, and the alleged amount affects charging and restitution. Photographs and competing estimates can matter.
Will a conviction affect my driver’s license?
A conviction can carry driver’s license consequences in addition to the criminal penalties. The specific effect depends on the charge and your record.
Can a minor leaving-the-scene charge be dismissed?
Depending on the evidence — particularly on knowledge and identification — outcomes can include dismissal, reduction, or a negotiated resolution. Many lower-damage cases resolve without a conviction when handled properly.
What should I do if I am accused of leaving the scene of a minor accident?
Remain silent and contact a defense lawyer promptly. Do not discuss the incident with the other driver’s insurer or the police without counsel, and preserve photographs of your vehicle.
Legal references: Tenn. Code Ann. §§ 55-10-101, 55-10-102, and 40-35-111. This page is general information, not legal advice. Statutory thresholds and penalty provisions change, and the law in effect on the offense date controls.
If you are facing a leaving-the-scene charge in Nashville or Middle Tennessee, call or text Kevin Kennedy Law Firm at (615) 205-7311 for a free, confidential consultation.