§ Article 111 : Leaving Scene of Vehicle Accident

Article 111 of the UCMJ (10 U.S.C. § 911) punishes a driver who wrongfully leaves the scene of an accident causing injury or property damage without providing aid or identification, and separately reaches a senior passenger — a superior officer or vehicle commander — who orders, causes, or permits the driver to leave under those circumstances.

Who It Applies To

Driver: any person subject to the UCMJ who is the driver of a vehicle involved in an accident that results in personal injury or property damage, and who wrongfully leaves the scene without providing assistance to an injured person, or without providing personal identification to others involved in the accident or to appropriate authorities.

Senior passenger: any person subject to the UCMJ who is a passenger in such a vehicle, who is the superior commissioned or noncommissioned officer of the driver or the commander of the vehicle, and who wrongfully and unlawfully orders, causes, or permits the driver to leave the scene under those circumstances.

What It Covers

Driver

1. The accused was the driver of a vehicle.
2. While the accused was driving, the vehicle was involved in an accident.
3. The accused knew that the vehicle had been in an accident.
4. The accused left the scene without providing assistance to the injured victim, or without providing identification.
5. The leaving was wrongful.

Senior passenger

1. The accused was a passenger in a vehicle that was involved in an accident.
2. The accused knew that the vehicle had been in an accident.
3. The accused was the superior commissioned or noncommissioned officer of the driver, or the commander of the vehicle, and wrongfully and unlawfully ordered, caused, or permitted the driver to leave the scene without providing assistance to the injured victim, or without providing identification.

Key rules

• The offense covers “hit and run” situations involving damage to property other than the driver’s vehicle, or injury to someone other than the driver or a passenger in the driver’s vehicle. It also covers accidents caused by the accused even if the accused’s vehicle does not touch another person, vehicle, or property.
• Actual knowledge that an accident occurred is required, and may be proved by circumstantial evidence.
• A passenger other than a senior passenger may also be liable as a principal under Article 77.

Maximum Punishment

Maximum authorized punishment. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

Sentencing parameters. Category 1 (0–12 months), with a recommended maximum of 6 months, the authorized maximum.

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Article 111 addresses leaving the scene after an accident and does not require proof of fault for the accident itself. Drunken or reckless operation of a vehicle is addressed by Article 113.

What the Provision Does

Article 111 applies to the driver and, separately, to a senior passenger who orders, causes, or permits the driver to leave. It punishes leaving the scene of an accident that caused injury or property damage without providing the required aid or identification, whether or not the accused was at fault for the accident.

History

Article 111 was added to the UCMJ in its current form by the Military Justice Act of 2016 (Pub. L. 114-328, § 5423), effective January 1, 2019. Before then, fleeing the scene of an accident was charged as an enumerated offense under Article 134. The Article 111 designation previously belonged to drunken or reckless operation of a vehicle, which is now Article 113.

Sources

• 10 U.S.C. § 911 (Article 111, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 48
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C