Hit and Run

Drivers involved in an accident must promptly stop their vehicle at or as near the accident scene as possible without obstructing traffic. Following this stop, they should exchange contact and insurance information with the other parties involved in the accident, a crucial step in facilitating insurance claims and resolving legal matters. In cases where injuries occur, drivers are legally obligated to offer reasonable assistance to those injured. This entails calling for medical aid or providing aid to the best of their ability.

Failure to adhere to these legal obligations and leaving the accident scene can lead to hit-and-run charges. In California, the penalties for a hit-and-run offense vary based on factors like the presence of injuries or fatalities and property damage. Hit-and-run offenses are criminal violations specified in Vehicle Codes 20001 and 20002.

At California Criminal Lawyer Group, our experienced Fresno attorneys provide comprehensive insight into this offense and its legal implications in the following section.

Prosecution of Hit and Run Offenses Under California Law

Context becomes a pivotal factor in prosecuting hit-and-run offenses, influencing the specific charges an individual may encounter. Within California's legal framework, two core sections of the Vehicle Code come into focus:

1. Vehicle Code 20002

This provision pertains to misdemeanor hit and run, primarily involving accidents resulting in property damage but without injuries. Under VC 20002, drivers must adhere to a set of obligations. This includes stopping at the scene, identifying the owner of the damaged property, and providing essential contact and insurance information. Failure to fulfill these responsibilities can lead to misdemeanor hit-and-run charges.

You are only guilty if the district attorney proves the following:

• You were operating a vehicle and were part of a traffic incident.
• The accident must have caused harm to someone else's property, often involving damage to his/her car or belongings.
• You either knew or should have reasonably known that you were involved in an accident resulting in property damage — You knew of the collision or should have been based on the circumstances.
• You consciously chose not to stop at the accident scene and provide the owner of the damaged property with your identifying information, including your name, current address, and insurance details.

The obligation to stop at the accident scene applies unconditionally, regardless of fault. This duty remains applicable even if the accident unfolds on private property, for example, when a vehicle collides with a homeowner's fence. When the property owner or vehicle owner is absent, leaving a written note containing your contact and insurance details is prudent. This duty also covers injured passengers in your vehicle. Therefore, if you leave the accident scene after causing injuries to passengers in your car, you will be held accountable for this offense.

According to this statute, property damage also encompasses harm inflicted on animals, including beloved pets like dogs. Consequently, if a pet sustains injuries in an accident, it is treated as property damage, subject to the same duty to stop and provide necessary information.

2. Vehicle Code 20001

In contrast, VC 20001 addresses more grave hit-and-run scenarios, where accidents result in injuries or fatalities. Under this section, the driver's obligations extend beyond merely stopping. They are mandated to aid the injured parties, immediately report the accident to law enforcement, and remain at the scene until law enforcement arrives. Neglecting these duties can result in felony hit-and-run charges, which carry more severe penalties.

You are only guilty of a felony hit and run if prosecutors prove the following elements to be true:

• You were operating a vehicle and were part of a traffic accident.
• The accident must have resulted in injury or death to someone other than you, indicating the gravity of the situation.
• You should have either known or reasonably should have known that you were involved in an accident leading to injury or death to another person. This knowledge requirement underscores your responsibility for acknowledging the collision or in circumstances where awareness should have been evident.
• You must have willfully failed to fulfill one or more of the following duties:
  • You neglected to stop at the accident scene promptly.
  • You failed to offer reasonable assistance to any injured individual at the accident site.
  • You did not provide your personal information, including name and current address, to the injured party or any law enforcement officer at the scene in violation of Vehicle Code 16025 — When it comes to providing personal information after a traffic accident, you must offer comprehensive details that allow injured individuals or law enforcement officers to identify them as the driver involved in the incident with ease. This entails providing crystal clear information and leaving no room for doubt regarding your connection to the vehicle in question. This information is necessary to meet legal obligations and ensure the proper handling of the accident and any ensuing legal proceedings.

Acting Willfully

Legally, acting willfully means that a person consciously and purposefully engages in a particular action or behavior, fully aware of their actions and compliance or non-compliance with the law. This concept applies across various criminal offenses, including cases involving hit-and-run incidents.

Under this definition, the person's intent does not necessarily need to involve:

• A deliberate intention to break the law.
• Any intent to harm someone else, or
• The pursuit of personal advantage.

For example, an individual who willfully fails to stop at the accident scene or consciously disregards their obligation to provide the required information deliberately chooses not to meet their legal responsibilities, even though they are fully aware of what the law requires.

Defenses You Can Use in a Hit-and-run Case

In a hit-and-run case, the choice of defense strategy hinges on the distinct circumstances of the case. These defenses can be finely tuned to tackle the unique factors at play. Depending on the situation, several potential defense strategies could be relevant:

1. It Was Not Safe to Stop

In certain situations, it could be safer for a driver to keep moving after a collision. This could apply when:

• Concerns about aggression — If the other driver or individuals at the scene seem aggressive or confrontational, with a risk of physical altercations, prioritizing personal safety by driving to a safer spot can be a reasonable decision.

• No safe stopping spot — If there is no safe area to pull over without causing traffic issues or potential hazards, it's often wiser to proceed to a more secure location first.

• Medical emergencies — When the driver is rushing someone to the emergency room due to a genuine medical crisis, and stopping could worsen the person's condition, going directly to the hospital becomes imperative.

These circumstances serve as sensible justifications that could lead the District Attorney (D.A.) to contemplate reducing or mitigating hit-and-run charges.

2. There Was No Death or Injury

The key distinction between VC 20001 and VC 20002 hinges on whether injury or death resulted from the accident. In California, Vehicle Code 20001 applies when a defendant is accused of failing to stop after an automobile accident that caused injury or death to another person.

In these cases, it can serve as a valid defense for you to prove that, although you left the accident scene swiftly, no injuries or fatalities were involved. However, you could still face a misdemeanor hit-and-run charge under VC 20002 in this situation. Recall that this charge applies when you flee the scene of an accident involving property damage, even if no injuries or fatalities occur.

3. You Were Unaware of an Accident

You can argue that you were unaware or reasonably unaware of your involvement in a collision resulting in property damage, injury, or death.

You assert that you did not know of the accident’s occurrence. This lack of awareness could be explained by factors like low-impact collisions, distractions, or not perceiving the impact due to particular conditions. Even if you were not entirely oblivious to the accident, you could contend that you had no reasonable awareness that it led to property damage, injury, or death. For instance, you could claim you believed it was a minor bump or did not detect any signs of harm or damage. To bolster this defense, you can provide evidence, for example, of your immediate actions after the accident, statements made to witnesses or authorities, and your demeanor at the scene.

Several circumstances could lead to a lack of awareness of the accident:

• In accidents involving a substantial size difference between vehicles, for example, trucks or buses and smaller cars or motorcycles, the smaller vehicle's occupants could be less aware of the impact. This is because the larger vehicle could exhibit fewer apparent signs of damage. Those in the smaller vehicle could underestimate the extent of the collision, particularly in minor impact cases.

• Limited sensory perception, attributed to vehicle design, can also contribute to a lack of awareness. For example, occupants in smaller cars might have reduced visibility of damage to larger vehicles, and noise levels may not necessarily indicate an accident, especially in minor collisions.

• Internal distractions within the vehicle, like loud music or conversations, can further compound your lack of awareness of the collision, mainly when operating larger vehicles.

Incorporating these factors into your defense strategy can be instrumental in presenting a compelling case for a lack of knowledge or reasonable awareness of the accident's significance.

4. You Were Not the Driver

When you use this defense, you assert that you were not behind the wheel of the vehicle during the accident in question. Witness statements, surveillance footage, or documentation substantiating your absence as the driver is crucial when using this defense strategy.

For example, consider a scenario where you lent your vehicle to a friend or family member. On the day of the accident, while your friend was operating your car, they were involved in a collision and left the scene without stopping. Later, you become aware that your vehicle was implicated in a hit-and-run accident and face accusations of being the driver.

In this situation, you can furnish evidence proving that you were not operating the vehicle when the accident occurred. Potential witnesses can attest that you were not present at the scene or engaged in entirely different activities when the collision occurred. Furthermore, the friend or family member driving your car can provide testimony and statements confirming their role as the driver involved in the accident. This evidence establishes your innocence and substantiates the fact that you were not the driver in the hit-and-run incident.

Successfully using this defense could lead to the dismissal of hit-and-run charges, provided it can be convincingly demonstrated that you were not the driver at the time of the accident. However, this defense's effectiveness hinges on the case's specific circumstances and the available evidence.

5. You Were Unable to Provide Assistance

You have the option to assert the defense that you were physically unable to provide reasonable assistance in a hit-and-run case despite the legal obligation to stop and render aid after an accident.

If you find yourself physically incapable of stopping and offering assistance, you are shielded from being charged with a VC 20001 hit-and-run crime. Numerous factors could contribute to your physical incapacity, for example:

• Sustaining injuries in the collision necessitating immediate medical attention,.
• Being transported via ambulance or
• Confronting a hazardous situation involving the risk of secondary collisions at the accident scene.

In these circumstances, it could have been unsafe or feasible for you to linger at the collision site, establishing a compelling defense against hit-and-run charges.

Effectively leveraging this defense entails providing substantiating evidence and documentation. Essential components include medical records, ambulance reports, eyewitness statements, or expert testimony, all bolster your defense.

Penalties if convicted of a Hit-and-Run

1. Penalties for Violating Vehicle Code 20002

As mentioned earlier, a violation of VC 20002 is a misdemeanor offense. The crime is punishable by the following penalties upon conviction:

• A jail sentence of up to 6 months,
• A maximum fine of $1,000 or both.
• Misdemeanor or summary probation instead of jail time.
• Failure to exchange insurance information, thus violating VC 16025, can lead to infraction penalties, including fines of $250.

Note: People v. Dimacali (2019), 32 Cal. App. 5th 822 is a notable California legal case related to hit-and-run offenses. The California Court of Appeals clarified that civil compromises, which had previously allowed individuals to resolve misdemeanor hit-and-run charges through restitution and agreements with the victims, no longer apply to these cases. Consequently, individuals confronted with misdemeanor hit-and-run charges cannot employ civil compromises as a legal recourse to settle the charges and evade potential criminal penalties.

2. Penalties for a Violation of Vehicle Code 20001

A violation of Vehicle Code 20001 is a wobbler offense. The state could pursue misdemeanor or felony charges. If convicted of a misdemeanor violation, you will face the following penalties:

• A maximum of one year in jail.
• A fine ranging from $1,000 to $10,000, or both.
• Summary or misdemeanor probation.

If you are convicted of a felony violation, you will face the following penalties:

• 2, 3, or 4 years in jail.
• A fine ranging from $1,000 to $10,000, or both.
• Formal or felony probation.

Additional Penalties

1. Points Added to Your Driving Record

A hit-and-run conviction usually leads to two points on your driving record.

2. Driver’s License Suspension

While a first-time misdemeanor hit-and-run conviction does not automatically trigger a driver's license suspension, multiple convictions for hit-and-run or the presence of specific aggravating factors can lead to the suspension of your driver's license.

3. Revocation of Your Driving Privileges

If you are convicted of a hit-and-run or reckless driving resulting in injury in California, the California Department of Motor Vehicles (DMV) can revoke your driving privileges. Furthermore, courts can suspend your driving privileges as part of the penalties for these offenses.

Once the suspension or revocation period concludes, you can seek a replacement driver's license.

Statute of Limitations

In California, the statute of limitations for hit-and-run accidents depends on whether they are classified as a misdemeanor or felony:

• Misdemeanor hit and run — Generally, for a misdemeanor hit and run offense, you have a one-year window from the date of the accident, within which charges must be filed.

• Felony hit and run — When a hit and run is a felony due to injuries or fatalities resulting from the accident, a more extended three-year statute of limitations applies. This means charges must be brought within three years of the accident's occurrence.

Frequently Asked Questions

What If the Damage Only Occured to My Car?

In California, leaving the scene of an accident without causing injuries or damage to the other vehicle is generally not considered a crime. However, taking proactive measures to safeguard yourself from potential complications is crucial. Here are some key considerations:

• Documenting the incident — Take photographs of the other vehicle to substantiate the absence of damage. These photos can serve as valuable evidence should disputes or claims arise later.

• Exchange contact information — If there is uncertainty about property damage, stop and exchange contact and insurance information with the other driver. Complying with your legal obligations in these cases is a cautious approach.

• Unattended vehicles — When dealing with an unattended vehicle at the time of the incident, leaving a clear and conspicuous note containing your contact information is a responsible action. This ensures the other party can reach out if they discover any damage.

• Hidden damage — Recognize that some car accident damage could not be immediately visible. This includes misaligned tires, reduced battery life, leaks, broken light bulbs, or computer diagnostic system delays. While these problems could not be evident at the scene, they could become apparent later.

• Soft-tissue injuries — Be aware that soft-tissue injuries cannot manifest immediately but can develop over time. It is important to consider the possibility of these injuries.

Most insurance companies mandate that policyholders report all accidents, regardless of severity. Neglecting to report even a minor accident could result in complications with your insurer should a claim arise later.

What Do I Do If Someone Hits My Parked Car and Drives Away?

There are instances where you can be the victim of a hit-and-run and not the offender. What actions do you take?

Dealing with a hit-and-run accident can be incredibly stressful, especially when your parked vehicle becomes the victim, and the responsible party vanishes without leaving any contact or insurance details.

Your first course of action should be to contact your insurance provider promptly. Kickstart the claims process by filing an insurance claim with your insurer within a reasonable timeframe. Your insurance company will appoint an adjuster to evaluate the extent of the damage and provide a meticulous estimate for the necessary repairs. However, determining whether your insurance policy includes collision coverage is vital. This particular coverage is pivotal in how your claim will be handled.

If your policy includes collision coverage, your insurance company will bear the financial burden of the required repairs. Nevertheless, you could be liable for covering the policy's deductible. On the contrary, if you find yourself without car insurance, you should be prepared to shoulder the financial responsibility for the damage unless you can successfully track down the hit-and-run driver.

If you pursue the hit-and-run driver and hold them accountable for their actions, there is a structured series of steps to adhere to. Begin by reaching out to your local police department and officially file a police report detailing every available piece of information about the incident. This should include witness statements, photographs capturing the damage, and relevant details regarding the fleeing vehicle.

Additionally, consider the potential presence of security cameras near the accident. Surveillance cameras often prove valuable allies in these cases. They could have recorded critical information like the vehicle's license plate number or other identifying particulars about the motorist. Once you have identified the responsible driver, you or your insurance company can establish contact with their insurance provider to start the claims process and seek compensation for the incurred damage.

However, it is important to maintain a realistic outlook throughout this process. Tracking down the at-fault driver in a hit-and-run scenario can be an uphill battle with no guaranteed outcomes. In many instances, the most pragmatic course of action is to rely on your insurance coverage, provided you have it.

Contact a Criminal Defense Attorney Near Me

Contact the California Criminal Lawyer Group when you or someone you know is facing hit-and-run charges in Fresno. We will represent you and guide you throughout the legal process. Contact our team at 559-712-8377 to book your initial, free, no-obligation case evaluation.