Is a Hit and Run a Felony in Pennsylvania: Penalties and Sentencing

Yes, a hit and run is a felony in Pennsylvania when the crash causes serious bodily injury or death. Fleeing an accident that seriously injures someone is a third-degree felony with a mandatory minimum of 90 days in prison. Fleeing an accident that kills someone is a second-degree felony with a mandatory minimum of three years. Every other hit and run in Pennsylvania, including crashes involving minor injuries or property damage alone, is charged as a misdemeanor or a summary offense rather than a felony.¹

The Line Between Misdemeanor and Felony

Pennsylvania sorts hit-and-run charges under Section 3742 into three tiers based on how badly the victim was hurt.

If the accident causes an injury that does not meet the legal definition of “serious bodily injury,” fleeing is a first-degree misdemeanor. A fender-bender that leaves someone with whiplash or bruising falls here.¹

The charge becomes a third-degree felony when the victim’s injuries create a substantial risk of death, cause serious permanent disfigurement, or result in long-term loss or impairment of a body part or organ. Broken bones that require surgery, traumatic brain injuries, and injuries causing permanent disability all qualify. Conviction carries a mandatory minimum of 90 days in prison and a $1,000 fine.¹

If someone dies as a result of the accident and the driver flees, the charge is a second-degree felony. The mandatory minimum jumps to three years in prison and a $2,500 fine. When the death resulted directly from the driver’s decision to leave rather than render aid, the Pennsylvania Commission on Sentencing applies an additional enhancement on top of the mandatory minimum.¹

Sentencing Ranges for Felony Hit and Run

The mandatory minimums are floors. Judges have wide latitude above them, up to the statutory maximum for each felony grade.

Third-degree felony (serious bodily injury): 90-day mandatory minimum and $1,000 fine, with a maximum of seven years in prison and a $15,000 fine.²
Second-degree felony (death): three-year mandatory minimum and $2,500 fine, with a maximum of ten years in prison and a $25,000 fine.³

The mandatory minimums are unusually rigid. The statute explicitly strips the sentencing court of authority to impose a lesser sentence, grant probation, or suspend the sentence.¹ A first-time offender with an otherwise clean record still faces at least 90 days behind bars for a serious-injury hit and run, or at least three years for a fatal one.

When Hit and Run Is Not a Felony

Property-damage-only hit and runs are never felonies in Pennsylvania. The grade depends on whether anyone was with the damaged vehicle or property.

Hitting a parked car or other unattended property and leaving without providing your information or notifying the owner is a summary offense, Pennsylvania’s lowest criminal classification. The maximum penalty is a $300 fine and up to 90 days in jail.⁴

Fleeing after hitting a vehicle or property that someone is occupying or standing near is a third-degree misdemeanor, punishable by up to one year in jail and a $2,500 fine.⁵ A conviction still creates a criminal record.

Unlicensed Drivers Face Extra Charges

Section 3742.1 creates a separate offense when the driver who caused an injury or fatal accident was operating without a valid license. It covers suspended, revoked, recalled, and canceled licenses, as well as drivers who never held a license or the proper endorsement for the vehicle. The grading tracks fault and injury:

Caused the accident, resulting in injury: second-degree misdemeanor.
Caused the accident, resulting in serious bodily injury or death: third-degree felony.
Negligently contributed to the accident, resulting in serious bodily injury: third-degree misdemeanor.
Negligently contributed to the accident, resulting in death: second-degree misdemeanor.

The court can also order the vehicle forfeited as contraband.⁶ Section 3742.1 charges can be stacked on top of a standard hit-and-run charge under Section 3742, so a driver who flees an injury accident while unlicensed can face multiple criminal counts from the same incident.

License Suspension After Conviction

PennDOT imposes a mandatory license suspension for any hit-and-run conviction, regardless of whether it was graded as a misdemeanor or felony.

One-year suspension for any conviction under Section 3742 (injury or death) or Section 3742.1 (injury or death while unlicensed).
Six-month suspension for a conviction under Section 3743 (damage to an attended vehicle or property).⁷

A first-degree misdemeanor hit and run involving minor injuries triggers the same one-year suspension as a second-degree felony involving a fatality. After the suspension ends, most drivers need high-risk (SR-22) insurance to have their license reinstated, which raises premiums for several years.

Restitution and Civil Liability

A criminal conviction does not end the financial exposure. Pennsylvania courts can order a convicted driver to compensate the victim for out-of-pocket losses, including medical bills, lost wages, and property repair costs, as part of the criminal sentence. Because restitution is part of the sentence rather than a civil judgment, failing to pay carries further legal consequences.

Victims can also sue separately for damages that criminal restitution typically does not cover, such as pain and suffering. A criminal conviction can strengthen a civil case, because leaving the scene is the kind of reckless conduct that weighs heavily when courts evaluate a victim’s claim for additional damages.

1
Pennsylvania General Assembly. Pennsylvania Code 75 3742 – Accidents Involving Death or Personal Injury
2
Pennsylvania General Assembly. Pennsylvania Code 18 1103 – Sentence of Imprisonment for Felony
3
Legal Information Institute. Pennsylvania Code 101 Pa Code 15.66 – Offenses and Penalties
4
Pennsylvania General Assembly. Pennsylvania Code 75 3745 – Accidents Involving Damage to Unattended Vehicle or Property
5
Pennsylvania General Assembly. Pennsylvania Code 75 3743 – Accidents Involving Damage to Attended Vehicle or Property
6
Pennsylvania General Assembly. Pennsylvania Code 75 3742.1 – Accidents Involving Death or Personal Injury While Not Properly Licensed
7
Pennsylvania General Assembly. Pennsylvania Code 75 1532 – Suspension of Operating Privilege