Hit and run accidents are the outcomes of one person doing harm to another person’s property or person and exiting the scene before supplying the appropriate driver documentation. Hit and run charges can be classified as either misdemeanors or felonies, depending on the severity of the damage.
In California, the driver of any automobile that has been involved in a collision or fender-bender, notwithstanding the severity or degree of injury, must wait, make a reasonable attempt to locate the owner of the damaged property, and offer driver documentation. Not doing this may cause criminal charges for a California hit and run.
California Penal Code Section 20002 reads (in part) — When an accident causes just property damage (including to automobiles), driver must stop and locate owner or person in charge and exchange driver documentation. If owner of damaged property cannot be located, the driver is not permitted to leave the scene of the accident until the following actions have been completed:
a) Leave a note with facts surrounding the case and driver documentation information;
b) Report the accident to the California Highway Patrol (CHP) or local police
California Penal Code Sections 20001, 20003, and 20004 read (in part) — Any accident that involves injury or death mandates the driver to perform all actions included in Section 20002 plus render reasonable assistance to the injured party or parties.
The California laws regarding hit and run accidents leave room for absolutely no exemptions. Collisions that could result in hit and run charges vary from uncomplicated fender-benders with parked and vacant vehicles to those involving death or serious bodily harm. Some of them include: |
Importance of Driver Documentation
Avoiding hit and run charges is not difficult. You need only stop after an accident and exchange your driver documentation without delay. If the damaged property is vacant, leaving a noticeable message with your contact information and the facts surrounding the case is satisfactory. In every case, immediately contact local law enforcement.
Acceptable Types of Driver Documentation
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Hit And Run Charges
Hit and run charges may be charged as either misdemeanors or felonies, depending on the gravity of the accident, degree of damage, and defendant's prior criminal record.
a) Misdemeanor - For insignificant traffic accidents, such as fender-benders and similar nominal damage without physical injuries, misdemeanor charge are probable. According to California Law, a hit and run misdemeanor is outlined as, "A failure to immediately stop at the scene of a motor vehicle accident resulting in property damage."
b) Felony - When a Hit and Run causes bodily injury or fatality, the result is a felony. Pursuant to California law, a hit and run felony is outlined as, "A failure to immediately stop at the scene of a motor vehicle accident involving death or permanent injury to any person(s) associated with the accident."
Penalties
Depending on whether the offense is classified as a felony or a misdemeanor, the penalty may include fines and restitution without jail time to 12 months incarceration and, in more severe incidences, a term in a California state prison.
At the Inland Empire of Rizio & Nelson, our team of hit and run attorneys have experience defending California hit and run cases. For first time offenders, clients hardly ever see jail. A settlement with the victim, Judge, and District Attorney, called a "civil compromise", which results in a dismissal of the defendant's criminal proceedings, can sometimes be reached.
Let the Inland Empire’s premier hit and run lawyers help you defend against California hit and run charges. We are available 7 days a week, 24 hours a day and offer a free initial consultation. |
