Failure to Report an Accident to Fixtures in Michigan

A plain-language look at a Michigan failure to report an accident to fixtures charge: what it covers, the penalty, what happens at arraignment, the related reporting duties, the driving record, and what to gather and avoid.

What should I do after hitting a fence, sign, or pole in Michigan?

Under MCL 257.621, take reasonable steps to find and notify the owner, and give your name, address, and plate number. Show your license if asked. If you cannot find the owner, report the accident right away to the nearest or most convenient police officer. Leaving without doing either can bring a misdemeanor charge.

What the Charge Covers

Michigan's law on accidents involving fixtures is MCL 257.621. A fixture is property that is legally on or next to a highway (a public road), such as a fence, mailbox, sign, light pole, guardrail, utility pole, or landscaping. The law applies when the accident results only in damage to that kind of property. If a person is hurt or another vehicle is hit, other laws apply. It is not settled whether this law reaches fixtures on private lots, such as a gas station, because this part of the Vehicle Code applies on highways unless a section says otherwise (MCL 257.601).

Under the statute, the driver must:

Take reasonable steps to find and notify the owner or the person in charge of the property
Give the owner the driver's name and address and the registration (plate) number of the vehicle
Show a driver's license if the owner asks
If the owner cannot be found, report the accident right away to the nearest or most convenient police officer

The charge usually comes up when a driver leaves without telling the owner and without calling the police. The word "reasonable" matters. The law asks for reasonable steps to find the owner, not perfect ones, and what was reasonable depends on the time, the place, and what the driver could actually do.

This guide is written for people with cases in Downriver (Wayne County), Monroe County, and elsewhere in Michigan.

What is the penalty for failing to report hitting a fixture in Michigan?

It is a misdemeanor with up to 90 days in jail, a fine of up to $100, or both, and the owner may also seek the cost of repairs.

MCL 257.621 does not list its own penalty, and it is not one of the violations the Michigan Vehicle Code labels a civil infraction. Under the Vehicle Code's general penalty section, MCL 257.901, a violation that is not labeled a felony or civil infraction is a misdemeanor. Unless another penalty applies, the maximum is:

Up to 90 days in jail
A fine of up to $100
Or both

Court costs can be added. The owner of the damaged property may also ask for the cost of repairs. That can come up as restitution in the criminal case or as a separate claim through insurance or civil court.

A misdemeanor is a criminal conviction, not a ticket, so it is worth treating seriously even though the maximum penalty is lower than many other charges.

Arraignment and What Happens Next

A fixture case usually starts with a citation or a notice to appear in the district court where the accident happened. At the first court date, called the arraignment, you are told the charge and the maximum penalty, and you enter a plea. Bond conditions may be set.

After arraignment, the case usually moves to a pretrial, where your lawyer can review the police report, photos, and any video and talk with the prosecutor. Many cases are resolved at this stage. If not, the case can go to trial, where the prosecutor must prove each part of the charge beyond a reasonable doubt.

What if I hit a parked car instead of a fixture?

You must stop and either notify the owner with your name and address and your vehicle owner's name and address or, if you cannot find the owner, report it to the nearest police officer right away.

Related Reporting Duties: Other Vehicles and Larger Accidents

Two nearby sections of Michigan law cover similar situations:

Hitting a parked or unattended vehicle (MCL 257.620). A driver who hits another vehicle, attended or unattended, on public or private property, must stop immediately and either notify the operator or owner with the driver's and owner's name and address or, if the owner cannot be found, report it right away to the nearest or most convenient police officer.
Larger accidents (MCL 257.622). A driver in an accident that injures or kills anyone, or that damages property to an apparent total of $1,000 or more, must immediately report it at the nearest or most convenient police station or to a police officer.

Accidents that injure or kill someone fall under separate leaving-the-scene laws with much heavier penalties. Those are not covered in this guide.

Does failing to report an accident to fixtures add points to my license?

No, this charge carries no points, though failing to stop at the scene of an accident carries 6.

This charge carries no points on your driving record. Failing to stop at the scene of an accident is different: it carries 6 points.

If the same incident also leads to another conviction or ticket, such as careless driving, points are entered only for the violation with the highest number of points (MCL 257.320a(5)).

What to Gather, What to Avoid, and the Bottom Line

Keep everything in one folder: your citation or charging papers, any bond paperwork, your court notices, photos of the scene and your vehicle, your insurance information, any repair estimates, and the names of anyone you spoke with after the accident. Write down what happened while you still remember it, including where and when, and any effort you made to find the owner or call the police.

What not to do:

Do not talk about your case on social media.
Do not discuss the details with anyone except your lawyer. Conversations with friends, family, or the police are not confidential.
Do not contact the property owner about the case without talking with your lawyer first.
Do not ignore letters from the property owner or an insurance company. Bring them to your lawyer.
Do not miss court. A missed date can lead to a bench warrant.

A fixture case often turns on what the driver did after the accident and whether those steps were reasonable. Repairs and insurance can also play a part. Get answers about your own situation early from a local attorney.

How I Can Help

If you are facing a failure to report an accident to fixtures charge in Downriver (Wayne County), Monroe County, or nearby, I can review your paperwork, explain the process and your options, and represent you in court.

Call (734) 775-9327 or use my contact form for a free consultation.

This guide is general information about Michigan law, not legal advice. Laws change, and every case is different. Reading this page does not create an attorney-client relationship.