Hit-and-Run Crashes

Hit-and-run crashes occur approximately once every 43 seconds in the United States. That number has been steadily growing since 2009.

After being involved in an accident, drivers have a legal obligation to stop and stay at the scene of the crash. Failing to meet this legal duty can result in serious consequences, including jail time or heavy fines.

However, state laws differ when it comes to these types of crashes. If you’re a California driver, you might not be sure what your state laws are and left wondering how CA defines a hit-and-run and what repercussions there are after being involved in one. To learn more, keep reading. 

What Is a Hit-and-Run Crash?

A hit-and-run crash is an accident where someone driving a motor vehicle collides with a pedestrian or a car and then drives away without leaving contact and insurance information.

Even if the driver is not at fault for the accident, it is still illegal to leave the scene. Pedestrians and other motorists can absolutely be liable for the crash. However, neither party should leave without providing their information. Of course, there are some scenarios where this may not be possible. For instance, an unconscious individual or someone who was taken away in an ambulance is a couple of exceptions. 

Also, hit-and-run crashes don’t always occur on the road. In fact, these accidents often involve hitting a parked car and then driving away.

Accidents That Do Not Count as a Hit-and-Run

Some accidents appear to be hit-and-run crashes but do not actually qualify as one. For example, sometimes a driver is aware that they collided with an object, like a mailbox, but did not cause any damage. This would not be considered a hit-and-run. In some cases, an accident will occur where only the driver’s car was damaged. There is no hit-and-run because the driver caused damage to their own property.

How California Hit-and-Run Crashes Differ

California Vehicle Code section 20002 defines a misdemeanor hit-and-run crash as an accident that involves the following four elements:

1. First, a driver was involved in an accident with another party
2. Second, the accident damaged property that did not belong to the driver
3. Third, the driver was aware that the accident caused property damage
4. Fourth, the driver did not provide contact and insurance information before leaving the scene

According to California law, it is okay for the driver to leave their written contact information at the scene of the accident. If the driver does this, it does not count as a hit-and-run accident.

What Are the Consequences of Hit-and-Run Crashes?

The consequences of a hit-and-run crash depend on the location and the severity of the accident.

In some states, criminal penalties for a hit-and-run crash can range from 5-10 years in prison or result in fines of $5,000-$10,000. Penalties are dependant on the severity of the accident. For instance, if the other party is injured, that would affect the punishment.

In California, Vehicle Code section 20002 deals with hit-and-run crashes that involve property damage. Also, it only covers crashes that count as misdemeanors.

Additionally, California Vehicle Code section 20001 defines felony hit-and-run crashes as motor vehicle accidents that involve injuries or a fatality of the other party involved.

The consequences of a felony hit-and-run under section 20001 are imprisonment for up to four years and a fine of up to $10,000. Therefore, the consequences of a deadly hit-and-run crash are more severe than the consequences of a crash that causes bodily injury.

What Drivers Should Do After an Accident

If you’re the driver and you’re in an accident, you may not want to take responsibility for the crash. You may think it’s not your fault, and you may be right. However, you must stay at the scene. It’s illegal and the consequences will be severe. Therefore, as the driver, you should:

• Call for help
• Speak directly with the other party and exchange information
• Leave a written message with your contact and insurance information, unless that individual is in too vulnerable of a state

What the Injured Party Should Do After an Accident

If you’re the victim of a hit-and-run, your first step should be to check your injuries. Document exactly what your injuries are and call 911. You can either receive medical care from the EMTs who arrive or later from a doctor. However, make sure you are examined by a medical professional right away.

Next, report the incident. After calling for help, request that police also arrive at the scene. Their investigation will be crucial in figuring out who the fleeing driver was.

After, gather all available evidence as soon as possible. Take pictures and videos of the crash, as well as your injuries. If there are eyewitnesses present, record their accounts of what happened. This will help your case when the guilty party is located.

Then, get professional legal advice. A consultation with a personal injury attorney will help you determine what your next steps should be. They will also provide insight into the legal proceedings and how compensation works.

Get a Free Consultation Today

Hit-and-run crashes are shocking and unsettling, but The Law Offices of Daniel Kim is here to help. If you’re the victim of a hit-and-run crash in California, our team can give you the legal advice you need to recover from the crash. Contact us and schedule your free consultation today.