Ohio's Brandon's Law Is Now in Effect: Tougher Penalties for Fatal Hit-Skip Crashes

Published October 4, 2016 · New Laws

Few things compound a family's grief like learning that the driver who killed their loved one simply drove away. In a hit-skip crash, a family loses not only the person they love but also, at least for a time, any answer to who did it and why.

On September 13, 2016, a new Ohio law took effect that increases the criminal penalties for drivers who leave the scene of a crash that kills or seriously injures someone. It is called Brandon's Law, after a teenager who was killed by a driver who fled. Here is what changed, and what it means for families.

The bill

Brandon's Law is part of Substitute House Bill 110 of the 131st General Assembly. According to the Legislative Service Commission's 2016 Digest of Enactments, the governor signed it on June 13, 2016, and it became effective September 13, 2016. The bill amended R.C. 4549.02, which covers crashes on public roads and highways, and R.C. 4549.021, which covers crashes on other property, such as parking lots. The same bill also included provisions on drug overdose calls and naloxone reporting that are not discussed here.

What the law requires of a driver

Under R.C. 4549.02 as amended, a driver who knows he or she has been in a crash with persons or property on a public road must stop immediately and remain at the scene until giving his or her name and address, the owner's name and address if different, and the vehicle's registration number to any injured person, to the driver or occupants of any damaged vehicle, and to the police officer at the scene. If an injured person cannot understand and record that information, the driver must notify the nearest police authority and stay until an officer arrives, unless the driver is taken away by ambulance or emergency vehicle.

What changed in the penalties

According to the Legislative Service Commission's analysis, under prior law failure to stop after an accident was generally a first degree misdemeanor, a fifth degree felony if someone suffered serious physical harm, and a third degree felony if someone died.

Brandon's Law adds a higher level when the driver knew what he or she left behind:

• If the crash results in serious physical harm and the driver knew it, the offense is now a fourth degree felony.
• If the crash results in a death and the driver knew it, the offense is now a second degree felony.

When the driver did not know of the result, the penalties remain a fifth degree felony for serious physical harm and a third degree felony for a death. The same structure applies to crashes off public roads under R.C. 4549.021. The law continues to require a license suspension, and it continues to allow a court to order restitution of up to $5,000 for economic loss if the offender cannot show proof of financial responsibility.

What this means for a grieving family

A tougher criminal penalty does not bring anyone back. But for families, the change matters in a few concrete ways.

It recognizes the second wrong. Families of hit-skip victims often say the driver's decision to leave was its own cruelty. Ohio law now treats a driver who knowingly abandons someone who has died much more seriously than before.

It may encourage drivers to stay. A driver who stops and calls for help faces the consequences of the crash. A driver who flees now risks a far more serious felony. If the law causes even some drivers to stay and render aid, lives may be saved.

It does not replace the civil case. The criminal case is the state's case. It is about punishment. Your family's wrongful death claim is a separate civil case, brought by the personal representative of your loved one's estate, and it is about compensation for your family's losses. Our earlier post on the DuBose family's settlement explains how the two cases relate.

When the driver is caught, and when the driver is not

If police identify the driver, your family may have a claim against that driver and against his or her insurance. Ohio's wrongful death statute, R.C. 2125.02(B), allows recovery for loss of support, loss of services, loss of society, loss of prospective inheritance, and the mental anguish of the surviving spouse, children, parents, and next of kin. Our page on wrongful death compensation explains those damages.

Some hit-skip drivers are never found. Others are found but have no insurance, which may be part of the reason they fled. In those situations, families should look closely at their own insurance. Many auto policies, including policies held by your loved one or by relatives in the same household, include uninsured motorist coverage. Depending on the policy's terms, that coverage can apply when the at-fault driver cannot be identified. Policies often have notice requirements and their own deadlines, so read the policy carefully and ask questions early.

Evidence disappears quickly in hit-skip cases

In a hit-skip case, the investigation is a race against time. Helpful steps include:

• Ask about video. Nearby businesses, homes, buses, and traffic cameras may have recorded the crash or the fleeing vehicle. Many systems overwrite recordings within days or weeks.
• Keep the crash report and the officer's contact information. Ask whether investigators recovered vehicle parts or paint transfer.
• Find witnesses. People who stopped to help may have seen the car or part of a license plate.
• Think about the medical evidence. In a fatal crash, findings from the coroner can help show how the collision happened. Our post on whether to request an autopsy explains how families can ask for records.

Hit-skip crashes can take the lives of drivers, passengers, pedestrians, and bicyclists alike. Our pages on pedestrian and bicycle deaths and fatal car crashes explain how those cases work.

The deadline still applies

Even when the driver has not been found, the civil clock is running. Under R.C. 2125.02(D)(1), a wrongful death action generally must be filed within two years after the death. Insurance claims can have their own notice requirements as well. A family should not wait for an arrest to learn its options.