A Passenger Who Left the Scene of a Crash in Pennsylvania

Attorney Answer

Pennsylvania's leaving-the-scene laws are written for drivers. The duties to stop, remain, exchange information and notify police fall on “the driver of any vehicle involved.” The one duty the Vehicle Code places on a passenger applies only when the driver is physically unable to act. If the police reach out to you, though, talk to a lawyer before you answer their questions.

What the statutes say, and to whom. The crash-duty sections each begin with the driver. For a crash damaging another driven or attended vehicle, 75 Pa.C.S. § 3743(a):

The driver of any vehicle involved in an accident resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 3744 (relating to duty to give information and render aid).

The injury section, § 3742(a), and the information section, § 3744(a), are addressed to “the driver” in the same way.

The passenger duty, and its limit. 75 Pa.C.S. § 3746(b):

Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in subsection (a) and there is another occupant in the vehicle at the time of the accident capable of doing so, the occupant shall make or cause to be given the notice not given by the driver.

That duty applies only where the driver was physically incapable of reporting, and only where the crash was one requiring a police report under § 3746(a): an injury, a death, or a vehicle that had to be towed.

What this does not settle. It tells you what the leaving-the-scene statutes require of a passenger. It does not answer every question the police might have for someone who was in the car. Investigators often want to speak to passengers as witnesses. If they contact you, you are entitled to speak to a lawyer first, and you should.

If you were hurt. A passenger can claim for injuries like anyone else. Your own auto policy, or a household member's, pays first-party medical benefits first, and otherwise the policy on the car you were in, under 75 Pa.C.S. § 1713(a).

What you can do

1. If police contact you, say you would like to speak to a lawyer before answering questions, then call one.

2. If you were hurt, get checked by a doctor and keep the records.

3. Don't post or message about the crash.

4. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Pennsylvania attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. If you were injured, a claim generally must be brought within two years under 42 Pa.C.S. § 5524, which covers “An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.” Exceptions exist: for example, the clock does not run while an injured person is a minor. A lawyer can confirm your date.