Picture this—you’re driving late at night, hit a patch of ice, and your car slides into a guardrail. No other cars. No witnesses. Just a scrape on your bumper and a scuff on the rail. Do you report it to the police? Or do you drive away and hope no one notices? Plenty of drivers have asked the same question. Read on for a lawyer’s advice.
A lawyer’s take on guardrail crashes
Attorney Chris Rike warns, “If you strike a car and then flee, that’s leaving the scene of an accident and that’s a class 2 misdemeanor.” But he adds that most drivers don’t know striking stationary “property” is also serious.
He laid out the basics on what to do after any crash with a stationary object.
- Stay safe. Blocking traffic? Move your vehicle out of the way as soon as it’s safe.
- Don’t drive away. On the other hand, if you hit anything, even a stationary object, you need to stop close by enough to remain at the scene.
- Leave your info. If no one’s around, you still have to make a “reasonable effort” to locate the owner or property manager. If you can’t, leave a clear note with your contact details.
- Turn yourself in. Even for minor accidents, Rike recommends reporting the incident to police. This protects you from hit-and-run charges later.
Rike explains that there are consequences for not following these steps, “If you fail to do that, that’s a class three misdemeanor—that’s a criminal charge.” If you want to avoid legal trouble, a lawyer’s advice is probably a good place to start. But not everyone agrees.
Redditors have other ideas
On the r/legaladvice subreddit, one driver described scraping a guardrail and not reporting it. He wasn’t sure if he broke the law—or if the cops were looking for him. To be blunt, the most upvoted response made Rike’s advice sound uptight:
So what should you do?
Rike insists the safest move is to follow the law to the letter. Stop, leave your information, and report the crash. But that Reddit response shows why many drivers might think minor scrapes aren’t worth the trouble.
If you’re still tempted to skip the hassle, consider the driver from Oklahoma who slid into a guardrail on an icy road. No injuries, no other cars—but a police officer showed up, wrote a $294 ticket for “operating a vehicle at a speed greater than reasonable and proper,” and warned their insurance would be billed for the rail repairs. The kicker is that this driver hadn’t even been speeding.
The driver asked the lawyers of Avvo if fighting the fine was worth it, but the lawyer they consulted said it would be tough to get the charges dropped. Even minor accidents can cost you big if you don’t follow the rules. So whether you take the lawyer’s advice—or gamble like that top Reddit commenter—just know the risk of running away.
Still unsure? You can watch Chris Rike’s full breakdown of hit-and-run laws below:
