Hit and Run with Bodily Injury in Minnesota: Criminal Vehicular Operation Charges Explained
Leaving the scene of an injury accident escalates the charge to a gross misdemeanor or felony under Minnesota's Criminal Vehicular Operation laws. You have an absolute legal duty to stop, provide information, and render reasonable assistance to anyone hurt in the crash.
While bumping a parked car is a minor misdemeanor, fleeing the scene of an accident where someone has been injured can result in gross misdemeanor or severe felony charges in Minnesota. When an at-fault driver makes the panicked decision to drive away instead of calling an ambulance, they escalate a potentially standard traffic accident into Criminal Vehicular Operation (CVO). The state of Minnesota aggressively prosecutes these cases to ensure victims receive immediate medical care and that responsible parties are held accountable.
If you are involved in a collision that results in bodily injury, you have an absolute legal duty to stop your vehicle, provide your information, and render reasonable aid. Navigating a CVO charge requires an aggressive defense strategy, as your freedom is on the line. We strongly suggest utilizing our US Attorney directory to find a highly qualified local defense lawyer to protect your rights.
Escalation to Criminal Vehicular Operation (CVO)
Under Minnesota law, the duty to stop is triggered the moment an accident occurs resulting in injury or death. Failing to adhere to this duty changes the nature of the crime entirely.
Fleeing a Scene Where a Passenger is Injured
Many people assume hit-and-run laws only apply when you injure someone in another vehicle. However, under Minn. Stat. § 169.09, Subd. 1, you are required to stop and render aid even if the only person injured is a passenger in your own car. For example, if you are driving in Rochester, slide on the ice, hit a tree, and your passenger breaks their arm, you cannot simply abandon the vehicle and walk away. Doing so will result in felony charges for leaving the scene of an injury accident.
Hitting a Pedestrian or Cyclist at Night
Accidents involving pedestrians or cyclists, particularly at night in poorly lit areas, are unfortunately common. Some drivers flee because they claim they thought they 'hit a deer' or 'hit a pothole.' In cases involving CVO, prosecutors at the local county attorney's office will argue that based on the impact, a reasonable person should have known they struck a human being. Ignorance is rarely a successful defense if the physical evidence, such as windshield damage, suggests otherwise. In precedent-setting cases like State v. Al-Naseer, 690 N.W.2d 744 (MN Supreme Court 2005), the courts heavily scrutinized the driver's knowledge and actions after striking a victim on the side of the highway.
The Obligation to Provide Reasonable Assistance
The law does not just require you to stop; it requires action. You must provide 'reasonable assistance' to the injured party. This does not mean you have to perform advanced medical procedures. It generally means you must immediately dial 911 to summon police and an ambulance. You must remain at the scene until the Minnesota State Patrol, St. Paul or local authorities arrive. If you leave before providing your driver's license and insurance information to the responding officer, you are committing a crime.
Legal Defenses for Leaving the Scene
While the law is strict, there are limited legal defenses for leaving the scene of an injury accident. The most common defense is that the driver left solely to seek emergency medical help for themselves or the victim because there was no cell phone service available at the crash site. Another defense is that the driver was physically threatened or assaulted by the other party after the crash, forcing them to flee for their own safety. In such cases, the driver must report the accident to the police immediately upon reaching safety.
Penalties for Felony Hit and Run in Minnesota
The penalties under Minn. Stat. § 609.2113 (Criminal Vehicular Operation) and Minn. Stat. § 609.2112 (Criminal Vehicular Homicide) depend entirely on the severity of the victim's injuries.
| Injury Level | Maximum Prison Sentence | Maximum Fine |
|---|---|---|
| Bodily Harm (Minn. Stat. § 609.2113, Subd. 3) | Up to 364 Days (Gross Misdemeanor / Local Jail) | $3,000 |
| Substantial Bodily Harm (Minn. Stat. § 609.2113, Subd. 2) | Up to 3 Years (Felony) | $10,000 |
| Great Bodily Harm (Minn. Stat. § 609.2113, Subd. 1) | Up to 5 Years (Felony) | $10,000 |
| Death (Minn. Stat. § 609.2112, Subd. 1) | Up to 10 Years (Felony) | $20,000 |
Frequently Asked Questions (FAQ)
What is the difference between substantial and great bodily harm?
Substantial bodily harm involves temporary but substantial disfigurement or a bone fracture. Great bodily harm creates a high probability of death, causes serious permanent disfigurement, or involves the loss of an organ.
Can I be charged if I was not at fault for the accident?
Yes, though not under CVO. Under Minn. Stat. § 609.2113, Criminal Vehicular Operation requires that the driver caused the collision. If you did not cause the collision, your duty to stop is governed by Minn. Stat. § 169.09, Subd. 14, where leaving the scene of a non-fault accident is a gross misdemeanor for bodily harm, a gross misdemeanor for substantial bodily harm, and a felony only if the accident results in great bodily harm or death.
Will my insurance cover my defense?
Your auto insurance will pay for the civil damages (up to your policy limits), but they will not provide a criminal defense lawyer for your felony hit-and-run charges. You must hire your own attorney.
What if I panicked and went home, but called the police an hour later?
While calling the police later is better than never calling them, you still committed the crime of leaving the scene. However, returning or reporting it quickly can be used by your attorney to negotiate a lighter sentence or reduced charges.
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