What Happens With A Hit-And-Run Accident?

A hit-and-run crime occurs when a person does not stay at the scene of a motor vehicle accident and provide all other people with their personal information or render reasonable assistance. What happens with a hit-and-run accident in California? Like many states in the country, California requires drivers to stop after a collision.

A hit-and-run offense can be a misdemeanor or a felony, usually depending on whether other people suffer injuries or death. What happens with a hit-and-run accident in terms of legal consequences? Misdemeanor cases are usually limited to property damage, while injuries and death lead to felony charges.

People who have been struck by hit-and-run drivers can be left in a very difficult position when it comes to seeking compensation because it may be possible that a negligent driver cannot be located. What happens with a hit-and-run accident when the driver is not found? In such situations, people may be able to seek compensation from their own insurance companies. It’s important to understand that you may receive offers that fail to account for your actual losses.

It may be beneficial to many who suffer injuries or whose loved one is killed in a hit-and-run accident to retain legal counsel. Our skilled personal injury lawyers at Arash Law can manage the legal aspects of your case on your behalf so you can focus on healing.

Hit-And-Run Law Under California Vehicle Code § 20002

California Vehicle Code § 20002 is the state law that establishes that the driver of any motor vehicle involved in an accident resulting only in damage to property must stop their vehicle at the nearest location and perform two specific actions. A person needs to locate and notify the owner of the damaged property or leave a note in a conspicuous place on the vehicle or other property damaged that gives the name and address of the driver.

A misdemeanor hit-and-run conviction is punishable by up to one year in jail, up to $1,000 in fines, restitution to the victims for any property damage, and 2 points on a person’s California driving record. People may have defenses in these cases, such as when a person is involved in an accident that causes no damage.

When it comes to criminal charges, felony charges are usually reserved for cases of injury or death.

If an accident causes only property damage, misdemeanor charges are usually the result, but California Vehicle Code § 20001 is the state law relating to felony charges. When it comes to accidents in California, California Vehicle Code § 20002 again stipulates that a person must locate and notify the owner of the damaged property. Upon locating that owner, the person must:

1. Upon request, present their driver’s license and vehicle registration.
2. Upon request, present the current address of the driver and the owner.
3. Leave a note in a conspicuous place with one’s address information and explain the circumstances of the accident when the owner of another vehicle or property cannot be located.

California Vehicle Code § 16025 further requires all drivers involved in an accident to exchange the following information:

• Driver’s name and current residence address.
• Driver’s license number.
• Vehicle identification number.
• The current residence address of the registered owner.
• Evidence of financial responsibility.

A common example of a hit-and-run is a collision with another car in which the other vehicle simply flees the scene. However, these accidents can also involve people striking fixed objects and leaving the scene, or people hitting parked cars and failing to leave their information behind.

A person accused of causing a hit-and-run needs to understand that there are multiple possible defenses against these kinds of charges. For example, a person can claim an accident caused no property damage, an individual can claim they did not know they were involved in a collision, or a person can have been misidentified as an alleged offender.

Hit-And-Run Penalties

A person who is proven to be at fault for a hit-and-run accident in California may face serious penalties. What happens with a hit-and-run accident depends on the circumstances of the accident. Still, in general, misdemeanor hit-and-run offenses under California Vehicle Code § 20002 are punishable by up to one year in jail, up to $1,000 in fines, restitution to the victims for any property damage, and 2 points on a person’s California driving record. Judges may sentence people to summary probation in lieu of jail time.

To prove a person is guilty of this offense, a prosecutor will need to demonstrate that an alleged offender was involved in an accident while driving a motor vehicle, the accident caused damage to another party’s property, the alleged offender knew that they had been involved in the accident that caused property damage or knew from the nature of the accident that property was likely damaged, and the alleged offender willfully failed to immediately stop at the accident scene and provide the owner or person in control of the damaged property with the name and current address of the driver or vehicle owner.

People who do not own the motor vehicles they are driving still have a duty to provide information about the vehicle owner. California takes failure to notify other parties about ownership seriously.

California Vehicle Code § 20002 does not require people to exchange insurance information, but a section under California Vehicle Code § 16025 does require it. The state law specifies that a violation is punishable by a $250 fine.

California Vehicle Code § 20002 prohibits leaving the scene of an accident and not identifying yourself to other parties involved when an accident results in injuries or death. The bottom line remains that there is a much higher burden placed on people who cause accidents leading to injuries or death because there are parties that require help.

What Constitutes A Hit & Run, And What Happens With A Hit-And-Run Accident?

CALCRIM No. 2150 are the standard jury instructions for Failure to Perform Duty Following Accident: Property Damage under California Vehicle Code § 20002. The instructions state that, to prove that an alleged offender is guilty of this crime, the state must demonstrate that:

1. While driving, the alleged offender was involved in a motor vehicle accident.
2. Someone else’s property was damaged due to the accident.
3. The alleged offender knew that they had been involved in an accident causing property damage or knew from the nature of the accident that it was probable that property had been damaged.
4. The Alleged Offender Willfully Failed to Perform One or More of the Following Duties:
   • Immediately stop at the scene of the accident.
   • Provide the owner or person in control of the damaged property with their name and current residence address (as well as the name and address of the owner of the vehicle they were driving).

If convicted of this crime, the individual may face up to one year in jail, up to $1,000 in fines, and be required to pay restitution to the victims for any property damage, as well as incur 2 points on their California driving record. It is important to note that California takes failure to notify other parties about ownership very seriously.

Additional Hit-And-Run Penalties

For misdemeanor hit-and-run convictions, legal penalties can include up to 6 months in the county jail and a fine of up to $1,000. Judges often order probation for three years and require people to complete community service.

Alleged offenders can also be ordered to pay restitution to victims for damages to their property. Convictions can also lead to two points being added to your California DMV record and cause your insurance premiums to increase.

When a hit-and-run crime is a first offense without alcohol involved, California Penal Code § 1377 allows for a “civil compromise.” Under this resolution, a hit-and-run charge can be dismissed after a person fully compensates the victim for the damages to their property.

Related Hit-And-Run Offenses

Hit-and-run crimes in California often have the potential to involve many other criminal offenses. In addition to the criminal penalties established under California Vehicle Code § 20002, other California offenses may include the following.

Felony Hit-And-Run, California Vehicle Code § 20001

California Vehicle Code § 20001 defines the crime of felony hit-and-run. It makes it a felony for a driver to flee the scene of an accident when another person is killed or has a serious injury.

Drivers are expected to stop and give reasonable assistance to injured people. A violation of California Vehicle Code § 20001 is known as a wobbler offense, meaning it can be charged as either a misdemeanor or a felony.

If charged as a misdemeanor, the crime is punishable by imprisonment in the county jail for up to one year. If charged as a felony, the offense is punishable by up to three years in state prison.

Driving Under The Influence (DUI), California Vehicle Code § 23152

The California DUI law makes it a crime for a person to operate a motor vehicle while they are under the influence of drugs or alcohol. The phrase “under the influence” means that a driver’s physical or mental abilities are impaired to the extent that they can no longer drive, as well as a cautious, sober person.

California allows motorists to be prosecuted for this offense even if their blood alcohol concentration (BAC) is below 0.08 percent. First, second, and third offenses are charged as misdemeanors. Penalties for DUI convictions can include:

• Probation
• Fines
• Enrollment in a DUI school
• Driver’s license suspension

Driving Without A License, California Vehicle Code § 12500(A)

It is illegal for a person to drive in California without a valid driver’s license. A driver’s license does not have to be from California, but it must be from a jurisdiction that was issued by the state or country in which the driver resides. It must be currently valid for the type of vehicle the driver is driving.

Driving without a valid license is another wobbler offense. In this case, a person can be charged with a misdemeanor or a non-criminal infraction.

As an infraction, driving without a license carries a potential fine of up to $250. As a misdemeanor, it is punishable by up to six months in county jail or a fine of up to $1,000.

DUI Causing Injury, California Vehicle Code § 23153

California Vehicle Code § 23153(a) prohibits driving under the influence of alcohol, resulting in injury, regardless of the actual BAC of an alleged offender. CALCRIM No. 2100 provides that to prove that an alleged offender is guilty of this crime, the state must show that:

1. The alleged offender drove a vehicle.
2. When they drove a vehicle, the alleged offender was under the influence of alcohol, a drug, or alcohol and a drug.
3. While driving a vehicle under the influence, the alleged offender also committed an illegal act or neglected to perform a legal duty.
4. The defendant’s illegal act or failure to perform a legal duty caused bodily injury to another person.

Driving With A Suspended License, California Vehicle Code Section § 14601

California state law states that a person cannot drive a motor vehicle at any time when their driving privilege is suspended or revoked. A person convicted for this offense can be punished by imprisonment in a county jail for up to six months and by a fine of up to $1,000, although if an offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section, it is punishable by imprisonment in a county jail for up to one year and a fine of up to $2,000.

What Drivers Should Do After Accidents

California Vehicle Code § 20001 establishes that any person involved in a motor vehicle accident must promptly stop their vehicle at the nearest location. The location at which a person stops should not jeopardize the safety of other motorists.

After stopping, the driver will have to do three things:

1. Locate and notify the owner or person in charge of damaged property of the name and address of the driver and owner of the vehicle involved.
2. Upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present their driver’s license and vehicle registration to that person.
3. Information presented must include the current residence address of the driver and of the registered owner.

If a registered owner of an involved vehicle is present at the scene, they also, upon request, must present their driver’s license information, if available, or other valid identification to the other involved parties. You also must, without unnecessary delay, notify the local police department of the city wherein the collision occurred. If a collision occurs in an unincorporated territory, notify the local headquarters of the California Highway Patrol.

Situations Involving Unoccupied Vehicles

An additional requirement applies when the owner of damaged property or a vehicle cannot be located. In such situations, people must leave notes in conspicuous places on vehicles or other property that has been damaged, providing the name and address of the driver and the owner of the vehicle involved, along with a statement of the circumstances.

Avoiding Hit-And-Run Charges In California

People need to understand that they must obey California law regarding motor vehicle accidents to avoid hit-and-run charges. If you are involved in an accident, consider taking the following steps:

1. Stop your car promptly and as close to the scene of the accident as possible.
2. Locate the other involved party and provide your name, address, phone number, driver’s license number, vehicle registration, and insurance policy information to the other driver or other parties involved. When you are driving a car that does not belong to you, provide the name and address of the vehicle owner.
3. File a police report.

California requires people to file a report if accident damage exceeds $1,000 or if there is any injury. People can generally assume that the damages in these types of accidents will exceed this amount.

Not all injuries cause immediate symptoms, so seeking prompt medical evaluation is important to assess your health after an accident.

Steps To Take For Parked Cars Or Property Damage

Not all hit-and-run cases involve people colliding with other cars that have passengers. Many cases involve alleged offenders striking unoccupied vehicles or other kinds of property.

Whether you strike a mailbox, a parked car, a pet, or any other property, drivers are required to stop, notify the owner, or leave their contact information. If there is injury or significant damage, they should also contact local authorities to file a report.

Some types of property, other than motor vehicles, can be much smaller and thus less noticeable when a collision occurs. People can argue against hit-and-run charges when they were unaware they struck something.

10 Things People Can Do After A Hit-and-Run Accident

Here is a list of the 10 things injured people can do following any motor vehicle accident in California:

1. Stay calm.
2. Don’t admit fault.
3. Collect as much information as possible.
4. Take photos and videos of the crash scene.
5. Note property damage or injuries resulting from the collision.
6. Find witnesses from the scene of the accident and write down their contact details.
7. Report a hit-and-run accident to the police as soon as possible.
8. Inform your insurance company of the collision and file your claim promptly.
9. Seek medical assistance for minor and fatal injuries.
10. Find legal representation by speaking to a hit-and-run accident lawyer in Los Angeles at Arash Law.

Possible Causes Of Hit-and-Run Accidents

People can have all kinds of reasons for leaving the scenes of accidents, and some of the common causes of these crashes are:

• Distracted Driving
• Outstanding Warrants
• DUI
• Road Rage
• Aggressive Driving
• Reckless Driving
• Unlicensed Driver
• Revoked or Suspended License
• Uninsured Vehicle

These reasons may overlap with other dangerous driving behaviors that can cause serious crashes. Many distracted driving accidents and reckless driving incidents also lead to hit-and-runs when drivers panic or try to avoid responsibility. Attorneys for reckless driving accident cases can help you understand your legal options.

Contact Arash Law To Speak With A California Car Accident Lawyer

When you suffer severe injuries or your loved one is killed in a hit-and-run accident in California, our lawyers are ready to offer legal support. Our attorneys handle hit-and-run cases on a contingency fee basis, meaning you do not pay attorney fees upfront and only pay if we obtain compensation for you. If there’s no compensation, you won’t owe us for our legal services. Before you sign any agreement, one of our auto collision lawyers will explain how the contingency fee works and discuss any case-related costs that may apply regardless of the outcome.

Our team of experienced hit-and-run accident attorneys can investigate your case and explain what options you may have for seeking compensation. Call (888) 488-1391 or contact us online for a free initial consultation to discuss your case with our car accident lawyers.