Most people are aware that a hit and run is illegal, but there’s often some confusion surrounding the definition of a hit and run. California drivers should be aware of what constitutes a hit and run in their state, as there are penalties for violating these laws. Here’s a guide to understanding what’s considered a hit and run in California, as well as how to respond if you are ever involved in one.
What is a Hit and Run in California?
A hit and run in California occurs when a driver involved in an accident leaves the scene without providing their contact information or assisting injured parties. According to California law, hit and run offenses are classified based on the nature and severity of the accident. There are two main types: misdemeanor and felony hit and run.
Misdemeanor Hit and Run
A misdemeanor hit and run occurs when an accident results in property damage only. Under California law, the driver must stop immediately, provide their name and address to the property owner or person in charge of the damaged property, and, if the owner is not present, leave a note with their information and report the accident to the police. Failure to comply with these requirements can be a misdemeanor hit and run.
Felony Hit and Run
A felony hit and run involves an accident that results in injury or death to another person. Under California law, the driver must stop at the scene, provide assistance to the injured person, and notify the police. Failing to do so can result in severe penalties.
What is the Penalty for Hit and Run in California?
Penalties may vary depending on whether the offense is classified as a misdemeanor or felony. The consequences can include fines, imprisonment and points on your driving record, which can affect insurance premiums and driving privileges.
Penalties for Misdemeanor Hit and Run
For a misdemeanor hit and run, the penalties can include short-term jail sentences, points added to your DMV record, fines of up to $1,000 and restitution to the victim for property damage.
Penalties for Felony Hit and Run
For a felony hit and run, the penalties are more severe and can include imprisonment, points added to your DMV record, fines upwards of $1,000 and restitution paid to the victim for medical expenses and other damages.
What Evidence is Needed to Convict a Hit and Run in California?
To secure a conviction, the prosecution must prove that the defendant was involved in, aware of — or should have been aware of — the accident and failed to stop and fulfill their legal obligations.
Eyewitnesses who saw the accident can provide information about the events that took place. Their testimonies can help establish that the defendant was present at the scene and left without providing the necessary information or assistance.
Surveillance footage from traffic cameras, security cameras or dash cams can help identify the vehicle and driver involved in a hit and run. This visual evidence can corroborate eyewitness accounts and provide additional details about the accident.
Physical evidence such as vehicle damage and debris from the accident scene can link a suspect’s vehicle to the incident. Your attorney may use forensic analysis of this evidence to establish that the defendant’s vehicle was directly involved.
Any statements made by the defendant to police officers, insurance adjusters or other parties can be used as evidence. Admissions of guilt or statements that indicate the defendant’s awareness of the accident can be particularly damaging to their case.
What to Do After a Hit and Run Accident in California?
If you are involved in a hit and run accident in California, you should take steps to protect your rights and pursue any necessary legal action.
First and foremost, move to a safe location to avoid further accidents or injuries. If you or anyone else is injured, call 911 immediately for medical assistance.
Once it is safe to do so, gather as much information as possible about the accident. Note the time and location of the accident, along with the make and model of the other vehicle. Indicate the direction in which the other vehicle fled. If possible, take photographs of the scene and any visible injuries or damages.
Contact the police to file a report. Provide them with all the information you have gathered, including any eyewitness accounts. This report will be vital for any future legal proceedings or insurance claims.
Notify your insurance company about the incident. Your insurance company can help you understand your coverage options for hit and run incidents. If you were physically involved or affected by the accident, you should also seek medical attention. Documented medical treatment can strengthen your case and help you proactively address injuries that may appear later.
Hit and run incidents can have serious consequences. It is therefore key to have a California personal injury attorney evaluate your case and guide you through the process of filing a claim or lawsuit.
Victim of a Hit and Run in CA? We Are Here to Help
If you or a loved one has been involved in a hit and run accident in California, contact us at Sargon Law Group to discuss your case and learn how we can help you pursue the compensation you deserve. Our Phoenix car crash lawyers are committed to helping victims receive the care and compensation they need.