Criminal liability and civil liability are separate, and both may explore

If someone runs from police and is then hit by a car, they can face charges related to fleeing — but the car accident creates a separate legal problem. The person who hit them may sue for damages, and the person who fled may be found partially or fully responsible for the collision, even though they were the one struck. This happens because a court can find that running into traffic created an unreasonable risk of harm.

The criminal charges for fleeing depend on what the original stop was for and what state the person is in. Running from a traffic stop, a misdemeanor arrest, or a felony arrest each carry different penalties. The car accident itself does not erase the fleeing charge — it adds a separate civil case where the driver of the car can recover medical bills, vehicle damage, and other losses.

Key Takeaways

  • Running from police is a separate crime from whatever the original stop was for, and penalties vary by state and the severity of the initial charge.
  • A person hit by a car while fleeing can be found liable for the accident in civil court, meaning they may owe the driver's damages even though they were injured.
  • The driver of the car may not be found at fault if a court determines the fleeing person created an unavoidable hazard by running into traffic.
  • Medical bills and vehicle damage from the accident do not disappear — they become part of a civil lawsuit, and the fleeing person's insurance may deny coverage.

How criminal charges for fleeing work

The crime of fleeing or eluding police exists in every state but is defined differently. Some states call it "fleeing and eluding," others call it "evading police" or "resisting arrest." The charge applies when someone knowingly flees from a police officer who is attempting to stop them, usually by running on foot or driving away in a vehicle.

The penalty depends on the circumstances. Fleeing on foot from a traffic stop is typically a misdemeanor in most states, carrying fines and possible jail time of up to one year. Fleeing in a vehicle, or fleeing from a felony arrest, is usually a felony, with sentences ranging from one to five years or more depending on the state. Some states increase the penalty if the fleeing person causes an accident or injures someone during the flight.

The original reason for the stop does not disappear. If the person was stopped for a traffic violation, they still face that charge. If they were stopped for a more serious crime, that charge remains. The fleeing charge is added on top of whatever else they are accused of.

Why the accident creates a separate civil case

When the fleeing person is hit by a car, the driver of that car can file a civil lawsuit to recover damages — medical expenses, lost wages, vehicle repair costs, and pain and suffering. This lawsuit is separate from any criminal charges. The driver does not need the fleeing person to be convicted of a crime to win the civil case.

In civil court, the question is not whether the fleeing person committed a crime, but whether they were negligent — whether they failed to exercise reasonable care and that failure caused harm. A court can find that running into traffic, even while fleeing from police, was negligent because it created a foreseeable risk of being hit by a vehicle. The driver of the car may have been driving lawfully and carefully, but still hit someone who suddenly entered the roadway.

The fleeing person's own negligence does not automatically mean the driver bears no responsibility. A court may find both parties partially at fault — for example, the fleeing person 70% at fault for running into traffic, and the driver 30% at fault for not stopping in time. The exact split depends on the state's rules and the specific facts of the accident.

How insurance and liability work after the accident

The fleeing person's auto insurance or health insurance may refuse to pay for injuries or vehicle damage if the person was committing a crime at the time of the accident. Many insurance policies exclude coverage for losses that occur while the person is engaged in illegal activity. The insurance company may argue that fleeing from police is a criminal act and therefore not covered.

The driver of the car will file a claim with their own insurance first. If the driver's insurance pays for the damage, the insurance company may then pursue a subrogation claim — a lawsuit against the fleeing person to recover what the insurance paid out. This means the fleeing person could owe money to the driver's insurance company, not just to the driver directly.

If the fleeing person has no insurance or assets, the driver may recover nothing, but the debt still exists. A judgment against the fleeing person can be enforced through wage garnishment, bank account levies, or other collection methods for years after the accident.

What happens in court when both criminal and civil cases exist

The criminal case and the civil case proceed separately and on different timelines. The criminal case is brought by the state or local prosecutor and focuses on whether the fleeing person broke the law. The civil case is brought by the driver and focuses on whether the fleeing person owes money for damages.

Evidence from the criminal case — police reports, witness statements, video footage — can be used in the civil case. However, the fleeing person's criminal conviction does not automatically determine the outcome of the civil case. A person can be acquitted of fleeing charges but still found liable in civil court, or vice versa, because the standards of proof are different. Criminal guilt must be proven "beyond a reasonable doubt," while civil liability is decided by a "preponderance of the evidence" — a lower standard.

The fleeing person's own testimony in the criminal case can be used against them in the civil case. This is one reason why a criminal defense attorney may advise a client not to testify in the criminal trial — anything said can be used by the driver's attorney in the civil lawsuit.

Defenses and mitigating factors

A person charged with fleeing may argue that they did not know they were being stopped by police, or that the police did not clearly identify themselves. Some states require the police to use lights, sirens, or clear verbal commands before a fleeing charge applies. If the police failed to do this, the charge may not hold up in court.

In the civil case, the fleeing person may argue that the driver was speeding, distracted, or driving recklessly, and that the driver bears more responsibility for the accident than the fleeing person does. The fleeing person's attorney will try to shift liability to the driver. However, the fact that the fleeing person was in the roadway unexpectedly makes this argument harder to win.

Some courts consider whether the fleeing person was fleeing because of a genuine fear for their safety, or because they were trying to evade arrest for a crime. This does not excuse the fleeing, but it may affect sentencing in the criminal case or how a judge views the person's credibility in the civil case.

Medical bills and ongoing costs

If the fleeing person is seriously injured in the accident, they will have medical bills. These bills do not go away because the person was committing a crime. However, the person may struggle to pay them if their insurance denies coverage and they have no other resources.

Some hospitals and medical providers will work out payment plans or refer patients to financial information programs. Others may send the bill to a collection agency. The fleeing person could end up with both a civil judgment from the driver's lawsuit and unpaid medical debt from the hospital.

If the fleeing person receives a settlement or judgment in the civil case, part of that money may go to pay medical bills and other costs before the person sees any of it. Attorneys' fees, court costs, and liens from medical providers all come out first.

Frequently Asked Questions

Can the driver of the car be charged with a crime for hitting the fleeing person?

Not usually, if the driver was obeying traffic laws and did not see the fleeing person in time to stop. The driver may be found not at fault in the civil case. However, if the driver was speeding, distracted, or driving recklessly, they could face criminal charges like reckless driving or vehicular assault, depending on the severity of the injuries.

Will the fleeing person's criminal conviction automatically make them liable in the civil case?

No. A criminal conviction can be used as evidence in the civil case, but it does not automatically determine the outcome. The civil court will still examine whether the driver was also negligent and what percentage of fault belongs to each party. The fleeing person could be convicted of fleeing but found only partially liable for the accident.

What if the fleeing person was a minor?

Minors can still be charged with fleeing and can still be sued in civil court. However, juvenile criminal cases are handled differently than adult cases, and the penalties are usually less severe. The civil lawsuit would likely name the minor's parent or guardian as a defendant as well, since parents can be held liable for their child's negligence in some states.

Can the fleeing person recover anything from the driver's insurance?

It depends on the state and the insurance policy. Some states allow a person to recover from the other driver's insurance even if the person was partially at fault. Others do not. If the fleeing person is found more than 50% at fault, they may recover nothing in a comparative negligence state. An attorney in the person's state can explain the specific rules.

What should someone do if they are in this situation?

Contact a criminal defense attorney when ready to address the fleeing charges. Separately, contact a personal injury attorney to understand the civil case and what the person might owe. Do not communicate with the driver, the driver's insurance company, or the police without an attorney present. Medical treatment should be the first priority, followed by legal representation.