Driving comes with responsibilities, and one of the most important is stopping and taking appropriate action if you're involved in an accident. Failing to do so is considered a "hit-and-run" under California law. This offense is taken seriously and can have significant legal consequences, even if no injuries are involved.
If you have left the scene of an accident after hitting an object or a person, whether out of panic or even because you were unsure you actually hit something, you could be facing charges. However, the steps you take in the aftermath can still go a long way toward mitigating your penalties.
Simply put, a hit-and-run incident in California occurs when a driver leaves the scene of an accident without providing their contact information or assisting anyone who was injured.
Hit-and-run is not just a minor traffic violation; it's a serious offense that can result in criminal charges and penalties. A misdemeanor hit-and-run that only damages property can lead to fines, probation, and up to six months in jail.
As a responsible driver, if you are involved in an accident that causes damage to someone else's property, including a vehicle or a fence, it's your legal duty to stop and exchange information with the other party or leave a note with your contact information if the owner is not present.
A felony hit-and-run that involves injury or death can result in fines, up to a year or more in jail, and restitution to the injured victim.
To convict you of hit-and-run, the prosecutor must prove all the elements of the crime beyond a reasonable doubt. This includes showing that you left the scene of a car accident, failed to exchange information with other parties, or failed to provide reasonable assistance to someone who was injured.
Under California law, hit-and-run is addressed in two main sections. Vehicle Code 20001 VC defines felony hit and run, and Vehicle Code 20002 VC defines misdemeanor hit and run. Let's review closer below.
Felony Hit and Run Law (VC 20001)
California Vehicle Code Section 20001 VC governs cases where a person is injured or killed in an accident. This law requires the driver involved to stop at the scene, provide their identifying information, and offer reasonable assistance to anyone who has been injured.
Failing to do so constitutes a felony hit-and-run, which can lead to severe penalties, including imprisonment, fines, and additional legal liabilities.
VC 20001 says, "(a) The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004."
To convict you of violating VC 20001, the district attorney must prove all the elements of the crime, including:
- You were involved in a vehicle accident while driving,
- The accident caused injury or death to someone,
- You knew, or reasonably should have known, that you had been involved in an accident that injured or killed another person, and
- You willfully failed to stop at the scene of the accident immediately,
- You failed to provide reasonable assistance to any person injured,
- You failed to give to the person injured or any police officer at the scene of the accident your personal information.
Notably, your duty to stop applies regardless of who caused the accident and injury, and even if the accident occurred on private property.
Suppose you are convicted of felony hit-and-run. In that case, a judge might award restitution for those injuries caused by your criminal flight, but may not award restitution for injuries resulting from the accident itself.
Penalties for a Felony Hit and Run
A violation of VC 20001 is a wobbler that can be filed as either a misdemeanor or a felony. If charged as a misdemeanor, a hit and run conviction is punishable by:
- County jail time for up to one year.
- Fines are between $1,000 and $10,000.
- A judge may grant misdemeanor summary probation in lieu of jail time.
If charged as a felony, the offense is punishable by:
- State prison time for up to four years.
- Fines are between $1,000 and $10,000.
- A judge may grant formal felony probation in lieu of jail time.
Misdemeanor Hit and Run Law (VC 20002)
California Vehicle Code Section 20002 VC applies to accidents that result in property damage only, such as hitting a parked car, damaging a fence, or scraping someone's vehicle.
Even in these cases, the law requires that you stop and locate the property owner to provide your information or leave a written notice in a visible location if the owner is unavailable. Failing to do this also qualifies as a misdemeanor hit-and-run and carries its own set of penalties.
It's essential to note that when it comes to hit-and-run, the law focuses on whether a driver stops and provides the legally required information, rather than determining who is at fault for the accident.
In other words, if you left the scene of an accident inappropriately, where you believe the other driver was at fault, you can still be charged with a crime.
It is not a crime to leave the scene of an accident that caused no injuries or damage to the other car.
No Injury Required for a Hit and Run
Many people mistakenly believe that hit-and-run offenses only occur when another person is injured. However, California law makes it clear that hit-and-run can occur even in minor accidents involving property damage. For example:
- Denting a parked car and leaving without leaving a note or report.
- Backing into a mailbox and failing to notify the property owner.
- Sideswiping another car without stopping to exchange insurance and contact details.
These situations can still result in misdemeanor charges under Section 20002.
Penalties for Misdemeanor Hit and Run
Hit and run, causing no injury, is punishable by the following:
- County jail time for up to six months.
- A maximum fine of $1,000.
- A judge may award misdemeanor summary probation rather than jail time.
You might also face infraction penalties of $250 in fines if you fail to exchange insurance information in violation of Vehicle Code 16025.7 VC.
Notably, California courts have recently ruled that civil compromises, a legal arrangement where the victim agrees to drop charges in exchange for compensation, can no longer be used in misdemeanor hit-and-run cases.
What are Related Crimes?
Driving under the influence - Vehicle Code 23152 VC. This is the primary California DUI law that makes it a crime to operate a motor vehicle while "under the influence" of alcohol, meaning that your physical or mental abilities are impaired to the extent that you can no longer drive as well as a cautious sober person.
You can be prosecuted under this statute even if your blood alcohol concentration was below 0.08%. A first, second, and third offense under VC 23152 are charged as misdemeanors.
Penalties for a DUI conviction may include misdemeanor probation, fines, DUI school, and a driver's license suspension; however, it is possible to continue driving if an ignition interlock device (IID) is installed in your car.
Vehicular manslaughter - Penal Code 192(c) PC. You violate this law when you cause the death of another person while driving a vehicle, and do so by negligently committing either an unlawful act that is not a felony, or a lawful act that may cause death.
The penalties depend on whether you acted with gross negligence or ordinary negligence. If you act with gross negligence, then vehicular manslaughter is a wobbler offense that can be charged as either a misdemeanor or a felony.
The misdemeanor sentence is one year in county jail. The felony sentence is six years in state prison. If you acted with only ordinary negligence, then Penal Code 192(c) is a misdemeanor that carries a potential penalty of one year in county jail.
Other possible California crimes that might be related to hit and run include the following:
- DUI causing injury - Vehicle Code 23153 VC.
- Exhibition of speed - Vehicle Code 23109(c) VC.
- Driving without a license - Vehicle Code 12500(a) VC.
- Driving on a suspended license - Vehicle Code 14601.1(a) VC.
What If You Left the Scene?
Leaving the scene of an accident, regardless of its severity, is a serious offense with potential criminal consequences. If you've realized you've committed a hit-and-run, there are steps you can take to address the situation and minimize its impact on your life. Here's what you should do:
- Consult a California Criminal Defense Attorney. When facing potential charges, your first line of defense is to get legal representation from a qualified and experienced criminal defense attorney. A good attorney will help assess your situation, explain the possible consequences, and guide you in making informed decisions. They can also help coordinate your surrender to the authorities, represent you in court, negotiate with prosecutors, and work to minimize penalties where possible.
- Turn Yourself In. Voluntarily turning yourself in to law enforcement demonstrates responsibility and shows that you are willing to cooperate. While this will not erase the offense, it may work in your favor when it comes to sentencing. A lawyer can assist in arranging this step to ensure it is handled appropriately.
- Gather Evidence. If possible, collect any evidence related to the accident. This might include photos of the scene, any damage to your vehicle, surveillance footage, or dashcam recordings. Evidence can help establish the facts of the incident and may be useful for your defense.
- Report to Your Insurance Company. Even if you left the scene, you are still obligated to notify your insurance company about the accident. Be truthful when reporting the incident, as insurance companies typically investigate claims and may deny coverage if you intentionally withhold information.
- Take Responsibility. A hit-and-run charge often involves more than just the initial accident; it also involves leaving the scene without fulfilling one's legal obligations. Showing remorse and taking steps to make amends, such as covering damages or apologizing to affected parties, can help demonstrate accountability. This may influence how the court views your case.
For more information, please contact our criminal defense law firm, Eisner Gorin LLP, located in Los Angeles, CA.
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