UCMJ Article 134 – Fleeing the Scene of an Accident

Under Article 134, a service member who is involved in an accident and wrongfully leaves the scene without fulfilling legal responsibilities can be punished for fleeing the scene of an accident. The rule applies whether the accident involves government or civilian property, and whether it causes injury, death, or only property damage. The offense undermines discipline, accountability, and public trust in the armed forces.

This provision aligns with civilian hit-and-run laws but is enforced under military jurisdiction worldwide. It ensures that service members uphold responsibility and integrity in every setting.

Key Elements

The prosecution must prove:

  1. That the accused was the driver of a vehicle involved in an accident.
  2. That the accident caused injury, death, or property damage.
  3. That the accused wrongfully left the scene without giving assistance or identifying themselves.
  4. That the conduct was prejudicial to good order and discipline or of a nature to bring discredit upon the armed forces.

Scope and Application

Article 134 covers:

  • Leaving the scene of an accident on or off base.
  • Failing to render assistance to injured persons.
  • Failing to provide identification or report the accident as required by law.
  • Incidents involving government vehicles, privately owned vehicles, or civilian property.

It does not require intent to injure or cause damage; the offense lies in abandoning responsibility after an accident.

Punishment

  • Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 6 months (if only property damage).
  • If death or injury results: Confinement for up to 18 months, dishonorable discharge, and forfeiture of all pay and allowances.

Defenses

Possible defenses include:

  • Lack of knowledge: The accused did not know they were involved in an accident.
  • Rendered aid: If the accused reasonably believed they had given sufficient assistance or reporting.
  • Emergency: If leaving the scene was necessary to secure help or avoid further danger.
  • No prejudice or discredit: If the act did not affect good order or military reputation.

Examples

If a soldier strikes another car off base and drives away without identifying themselves, Article 134 applies. If a Marine hits a pedestrian on base and leaves without providing assistance, it qualifies as fleeing the scene. If an airman causes property damage but immediately reports it to the chain of command, it may not qualify as wrongful.

Conclusion

Fleeing the scene of an accident under Article 134 emphasizes the military’s demand for accountability and responsibility. Service members must render aid and identify themselves whenever involved in an accident. The rule protects victims, ensures accountability, and reinforces discipline within the armed forces.

Frequently Asked Questions

1. How is this offense similar to civilian hit-and-run laws?
It mirrors civilian hit-and-run laws but is prosecuted under the UCMJ. Both require drivers to stop, render aid, and identify themselves after an accident. Failure to do so is considered dishonest and irresponsible. The military enforces these rules worldwide.

2. What is the maximum punishment for fleeing the scene?
If only property damage occurs, confinement up to 6 months, forfeiture of pay, and dishonorable discharge may apply. If injury or death results, confinement can reach 18 months. Punishments also include forfeiture of pay and separation from service.

3. Does the accused need to know an accident occurred?
Yes. The government must prove that the accused knew or reasonably should have known they were involved in an accident. Lack of knowledge may be a valid defense. Courts examine the circumstances carefully.

4. What responsibilities does a service member have after an accident?
They must stop, provide identification, render aid to the injured, and report the accident as required by law or regulation. These duties apply on and off duty. Failure to fulfill them makes the act wrongful.

5. Can leaving the scene ever be justified?
Yes, if leaving is necessary to secure medical help or prevent further harm. For example, if a driver leaves briefly to call emergency services, it may not be wrongful. The context of the departure is crucial.

6. Does the article apply worldwide?
Yes. Service members are accountable under the UCMJ everywhere, including overseas duty stations. Even if local laws differ, military law enforces responsibility in accidents.

7. How does injury or death change the seriousness of the offense?
It increases the maximum punishment. If only property is damaged, confinement is shorter. If injury or death occurs, the offense is considered far more serious and confinement can reach 18 months.

8. What if the accused reported the accident later?
Delayed reporting may still violate the requirement to stop and identify immediately. Courts examine whether the delay was reasonable or justified. Late reporting rarely excuses the offense entirely.

9. Can a passenger be charged under this article?
No, unless the passenger was the driver at the time of the accident. Responsibility falls on the operator of the vehicle. Passengers may, however, be witnesses in the case.

10. Why does the military punish fleeing the scene of accidents?
Because it undermines accountability, trust, and discipline. Service members are expected to act responsibly and with integrity. Abandoning responsibility after an accident damages public trust and discredits the armed forces.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Fleeing the Scene of an Accident)
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0166
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Silva, 21 M.J. 336 (1986)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to fleeing the scene of an accident or any other UCMJ provision, you should consult a qualified military attorney.

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