Hit and Run

In everyday language, many assume hit and run means simply failing to help an injured person. In criminal law, however, the definition is broader and stricter: a driver must stop immediately and ascertain whether anyone has been injured or requires assistance.

If the driver fails to do so, they may be held criminally liable – even if they did not cause the accident and even if no one ultimately needed help.

This article on hit and run explains:

• when the offence is established,
• how it differs from the separate offence of failure to offer aid or assistance, and
• what criminal consequences may follow.

The offence is defined in Section 239 of the Hungarian Criminal Code and applies exclusively to drivers of vehicles involved in road traffic accidents.

The law imposes two clear duties:

• the duty to stop immediately, and
• the duty to ascertain whether anyone has been injured or requires assistance.

No actual injury or property damage is required. Even a minor collision, if ignored without stopping, may establish liability for hit and run.

The legal meaning of “traffic accident” is broader than its everyday use. It covers any incident or hazardous situation:

• that occurs in the course of road traffic,
• connected with the operation of a vehicle, and
• where other persons are exposed to potential danger.

There need not be any actual injury or damage.
Example: a collision with roadside objects while pedestrians or other road users are nearby still requires the driver to stop and check. Failure to do so constitutes hit and run.

Only a driver involved in the accident may be liable, including:

• the driver who caused the accident,
• a driver whose conduct contributed to the accident, or
• an innocent driver who was nevertheless involved.

Passengers and pedestrians cannot commit hit and run, since the statutory duty applies only to drivers. However, they may be liable for failure to offer aid or assistance if they fail to help an injured person.

Although often confused, the two offences are distinct:

• Hit and run: when the driver fails to stop and fails to check for injuries or persons needing help – regardless of whether anyone was harmed.
• Failure to offer aid or assistance: where an actual injury occurred and the driver, knowing this (or having reason to know), does not provide help.

If medical attention was required and the driver knowingly drove away, the more serious offence of failure to offer aid or assistance applies.

Hungarian traffic regulations (Section 58 of the Highway Code) require drivers involved in accidents to stop, ascertain the situation, and provide help if necessary.

Hit and run can occur in two ways:

• Failure to stop: driving away after an accident without halting.
• Failure to ascertain: stopping briefly but not properly checking whether anyone was injured.

For criminal liability, the act must be intentional in the sense that the driver was aware of the accident and still failed to comply with their legal duties. If the driver genuinely did not notice the accident – for instance, due to noise isolation in the vehicle – liability does not arise.

Under Section 239 of the Hungarian Criminal Code, hit and run is classified as a misdemeanour, punishable by up to one year of imprisonment. Courts may instead impose:

• fines,
• community service work,
• a driving ban, or
• suspended or custodial imprisonment in more serious cases.

The court will consider prior convictions, cooperation with authorities, admission of responsibility, and aggravating circumstances such as intoxication.

Hit and run may coincide with the offence of endangering road safety (Section 234 of the Hungarian Criminal Code).

Example: deliberately forcing another driver off the road and then fleeing the scene may amount to both offences. The exact classification depends on judicial assessment.

• Seek legal advice immediately. Premature statements may harm your case.
• Prepare for police questioning. Your testimony can strongly influence the proceedings.
• Consult a defence lawyer experienced in traffic offences. A criminal defence lawyer may uncover mitigating factors or legal arguments to reduce the penalty.

Hit and run requires every driver involved in an accident to stop and check for injuries or persons needing assistance. Even if no injury occurred, a driver who leaves the scene may face criminal liability.

If you are summoned or investigated for hit and run, seek professional legal assistance without delay.

This article is for informational purposes only and does not constitute legal advice. If you or a relative are under investigation for hit and run, consult a criminal defence lawyer who can assess the full circumstances of your case.