Helping You Fight Arkansas Hit-And-Run Charges
Last updated on October 19, 2026
Leaving the scene can turn a traffic accident into a felony. In Arkansas, leaving after an accident that causes any physical injury is a felony, and leaving after one that causes serious physical injury or death can carry up to 20 years in prison. Even a property-damage case can bring jail time, eight points on your license, and — when the damage reaches $10,000 — a felony charge.
At Wesley Rhodes, Attorney at Law, we defend people charged with leaving the scene of an accident, failing to render aid, and the driving-related offenses that often come with them. Our experienced hit-and-run defense attorney fights for clients throughout the Little Rock area, including Faulkner County (Conway) and Saline County. Let Mr. Rhodes defend you and your rights.
Felony Exposure
Any physical injury makes it a felony. Serious injury or death makes it a Class B felony with up to 20 years.
Your License
Injury cases bring mandatory revocation. Every hit-and-run conviction adds eight points, and CDL holders face disqualification.
Evidence Moves Fast
Surveillance video can be recorded over and memories fade. Early investigation preserves what helps you.
If Police Are Looking for You After an Accident
Talk to a lawyer before you talk to police or insurers. What you say about where you were, who was driving, and what you saw can decide the case. Don’t repair, sell, or hide the vehicle — that can look like concealment and create new problems.
If you think a warrant has been issued, a lawyer can help arrange a voluntary surrender instead of an arrest. See how to find out if you have a warrant and what to do if police want to question you.
What Arkansas Law Requires After An Accident
Arkansas law places specific duties on any driver involved in an accident. Leaving without fulfilling them is a crime, and the duties depend on what happened:
| Situation | What the Driver Must Do |
|---|---|
| Anyone is injured or killed | Stop at the scene or as close as possible, return, and remain there. Give your name, address, and the vehicle’s registration number, show your license on request, and give reasonable assistance to anyone injured — including arranging transport for medical treatment when it is apparently needed or requested. |
| Damage to an attended vehicle or another person’s property | Stop, return, and remain until you have given the same information. Move your vehicle out of the roadway unless it is disabled or someone is visibly injured; moving it is not an admission of liability. |
| You know police were called | Remain a reasonable time — at least 30 minutes — unless you leave to get an injured person help. |
| You hit an unattended vehicle | Stop and either find the owner or leave a written note in a conspicuous place with your name, address, and contact information, the vehicle owner’s name and address, and what happened. |
| You hit a fence, sign, or other fixture | Take reasonable steps to find and notify the owner, with your name, address, and license plate number. |
| Injury, death, or apparent damage of $3,000 or more | Notify the nearest law enforcement agency immediately, and make yourself available to the investigating officers. |
Ark. Code §§ 27-53-101 to -105, 27-53-202. These duties apply on streets and highways, in business parking lots, and “elsewhere throughout the state.”
Hit-And-Run Penalties In Arkansas
The charge depends on the harm the accident caused — and, for the most serious charges, on what the State can prove about your state of mind:
| Leaving the Scene When the Accident Caused | Classification | Possible Penalty |
|---|---|---|
| Serious physical injury or death, with a knowing or reckless failure to stop and remain | Class B felony | 5 to 20 years in prison and a fine up to $15,000 |
| Physical injury | Class D felony | Up to 6 years in prison and a fine up to $10,000 |
| Property damage of $10,000 or more | Class D felony | Up to 6 years in prison and a fine up to $10,000 |
| Property damage of $1,000 to under $10,000 | Class A misdemeanor | Up to 1 year in jail and a fine up to $2,500 |
| Property damage under $1,000 | Class B misdemeanor | Up to 90 days in jail and a fine up to $1,000 |
| Failing to report a reportable accident | Fine | $100 to $1,000, and license revocation for a willful refusal |
Ark. Code §§ 27-53-101(c)–(d), 27-53-102(d), 27-53-201; 5-4-201; 5-4-401. The property-damage offenses require a knowing violation. A court can also order restitution for the victim’s actual economic loss (§ 5-4-205). See criminal charges and penalty ranges.
The line between the felony tiers turns on statutory definitions (§ 27-53-101(a)):
- Physical injury means impairment of physical condition, substantial pain, or bruising, swelling, or a visible mark associated with physical trauma.
- Serious physical injury is physical injury that creates a substantial risk of death or causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ.
The State’s burden on intent differs by tier. For serious physical injury or death — the Class B tier added in 2021 — it must prove you knowingly or recklessly failed to stop and remain. The physical-injury offense states no mental state, and under an earlier version of the statute the Arkansas Supreme Court held the State did not have to prove the driver knew anyone was hurt (Stivers v. State, 2003). If prison is imposed for a felony committed on or after January 1, 2025, leaving the scene falls in the Sentencing Commission’s 25% group for release eligibility.
License, Points, And CDL Consequences
A hit-and-run conviction can cost you the ability to drive — and for commercial drivers, a career:
| Consequence | When It Applies |
|---|---|
| License revocation | Mandatory on any conviction for leaving the scene of an accident involving injury or death (§ 27-53-101(e)), and for a willful refusal to report an accident (§ 27-53-201). See license suspension representation. |
| Eight points | Every hit-and-run and leaving-the-scene conviction — including leaving before police arrive — is an eight-point offense. Combined with other points, that can lead to a suspension. See the Arkansas driver’s license point system. |
| CDL disqualification | A first conviction for leaving the scene disqualifies a CDL holder for one year — even if it happened in a personal vehicle — or three years if hauling placarded hazardous materials. A second conviction for leaving the scene or another major CDL offense, in a separate incident, means disqualification for life (§ 27-23-112). |
Ark. Code §§ 27-53-101(e), 27-53-201, 27-23-112; Arkansas Department of Finance and Administration violation and point schedule.
The Evidence In A Hit-And-Run Case
Many hit-and-run cases turn on identification: proving whose vehicle it was and who was driving it. Every piece of the State’s evidence can be tested:
| Evidence | What We Examine |
|---|---|
| Eyewitness accounts | Lighting, distance, how long the witness saw the vehicle, and whether the description actually matches you and your car |
| Surveillance, dash, and doorbell video | Timestamps, camera angles, image quality, and whether the video shows the driver or only a vehicle |
| Vehicle damage and debris | Whether the damage, paint transfer, or parts match this accident — or came from something else |
| Accident reconstruction | The expert’s method, data, and assumptions |
| Police testimony and reports | How the officer identified the vehicle and the driver, and whether any statements you made were lawfully obtained |
| Medical records and repair estimates | Whether the injury meets the statutory definition, and whether the damage really crosses the $1,000 or $10,000 line |
See what evidence the prosecutor must turn over.
Defending Against Hit-And-Run Charges
Who Was Driving?
The duties fall on the driver. Owning the car, or having it registered in your name, does not prove you were behind the wheel.
What Was the Harm?
The charge level rides on the injury definitions and the dollar thresholds. Contesting them can move a case from a Class B felony to a Class D, or from a felony to a misdemeanor.
Did You Comply?
Stopping as close to the scene as possible, leaving to get an injured person help, or giving the required information can answer the charge.
What Can the State Prove You Knew?
The Class B tier requires a knowing or reckless failure, and the property-damage offenses require a knowing one. Those are elements the State must prove.
Hit-and-run charges rarely travel alone. Prosecutors often add DWI, driving on a suspended license, or — when someone died — manslaughter or negligent homicide. We defend the whole case, not just one count.
Related Guides
Driving Charges
Accused of Leaving the Scene?
Video gets recorded over and witnesses forget. Talk to a lawyer before you talk to police or insurers.
Our hit-and-run defense attorney is here to help you find the right path for fighting the charges against you. Call us at 501-301-4591 or contact us online to arrange a free consultation.
This page reflects Arkansas law as of October 2026. It is general information, not legal advice about your specific case.