As it stands, leaving the scene of an accident without waiting for a police officer to take a report and dismiss you can constitute a hit and run. Not exactly something you want on your record. That said, a Las Vegas-area district attorney argues that you can leave the scene of an accident if another party is a threat to your safety.

In fact, a former Clark County district attorney cites a recent example where driving away might have saved the life of an irrationally angry driver in Las Vegas. 

Former District Attorney David Roger says leaving the scene of an accident is permissible– if greater danger is at play

In short, leaving the scene of a crash before police arrive is almost always a bad idea. But, like so many scenarios, there’s an exception to the rule.

Former Clark County District Attorney David Roger recently spoke about a case wherein a knife-wielding road rager died after another motorist shot him in self-defense. “Self-defense is at issue, and the district attorney will review the evidence to determine whether the case should be prosecuted,” the former district attorney said.

“As long as that person reasonably believed that they’re going to be stabbed, which would certainly be reasonable, they had the right to use deadly force.” In that case, the aggressor reportedly chased the other motorist around their vehicle while wielding a knife and stabbing the damaged vehicle.

Unfortunately for the knife-wielding man, he died after the other man recovered his firearm and shot him on the scene. Roger says that, if it were possible, this would have the right time for one motorist to leave the scene of a crash without fear of legal reprisals, per 3 News Las Vegas.

“If you’re in an accident and the person gets out and is acting irrational, you’re okay with driving to the nearest fire station or another area where you are safe and immediately calling the police,” he said. “That isn’t leaving the scene of the accident because you’re in fear for your life.”

It may be permissible, but it’s not quite legal

Kent Ng, a retired NYPD police officer, says that it might be understandable to leave the scene of an accident for safety reasons, but it’s not necessarily illegal. “Simply put, it is always illegal to leave an accident scene. There are a few times when it may be understandable, but that doesn’t make it legal,” he said in a post on the Rosenblum Law site.

He did, however, follow that up by echoing Roger’s point about safety and the threat of imminent harm. “The one thing I think I would let slide would be if there was an imminent fear or threat of harm. For example, you hit a driver and he gets out and starts waving a gun.”