07 Oct California Hit and Run Laws in 2023
California hit and run laws can be a potent deterrent for drivers who are tempted to flee the scene of a car crash. These statutes create criminal penalties that can lead to fines and potential imprisonment. However, hit and run laws are applicable beyond criminal court proceedings against the driver. They can affect you and your legal rights as well.
Laws in California change from time to time, so there is a benefit to reviewing what is a hit and run charge in 2023 and what happens once someone has been charged with this crime. There is also a benefit to thinking about how hit and run charges can impact you and your loved ones.
Explaining Hit and Run in California
When you get into any type of motor vehicle accident in California, you have certain legal obligations that you must fulfill. What these duties are depends primarily on whether someone was injured or killed.
At the very least, these obligations include identifying yourself with others involved in the accident. Where appropriate, you must also contact the California Highway Patrol or another law enforcement agency that knows of the accident.
When someone drives off or otherwise flees an accident scene before they have fulfilled their legal obligations, they have committed the crime of “hit and run.” Two specific statutes in the California Vehicle Code further spell out a driver’s obligations in the case of an accident.
California Vehicle Code Section 20002
When you hit a vehicle or any other property, but there is no significant damage, and no one is hurt, you must pull your car over and stop in a safe location. You must then find the owner of the property that was hit, identify yourself, and present your driver’s license and registration to that person. If you hit a vehicle, the other driver must also exchange their information with you.
Your obligations do not go away if you cannot find the owner of the property you hit. In this case, you are to place a note that gives your name. The note should also contain the car owner’s address if you are using another person’s car and a statement of what happened. You must then notify the local police or California Highway Patrol of the crash.
California Vehicle Code Section 20001
Your legal obligations are even greater if you are involved in a crash where someone is injured or dies. First, you must stop immediately, even if you were not the one who caused the crash. Then you must provide the other driver and any law enforcement officer who arrives on the scene with the following information:
- Your name and address
- The name and address of any injured occupant of your vehicle
- The registration number of the vehicle you were driving
- The name and address of the vehicle’s registered owner
- If requested, your identification, such as your driver’s license
In addition, the law requires you to give reasonable assistance to anyone who is injured on the scene.
Suppose that you are involved in a wreck and another person dies, but no law enforcement officer is nearby. In this case, California Vehicle Code Section 20004 requires that you immediately contact the California Highway Patrol or other appropriate law enforcement agency and report the matter.
Penalties for Violating California Hit and Run Laws
The criminal penalties for not fulfilling your legal obligations at the crash scene depend on whether anyone was hurt or killed in the crash. If the crash only involved property damage and you do not do what the law requires of you, then you have committed a misdemeanor.
The penalties for this misdemeanor can include up to six months in jail and a fine of up to $1,000. A court can impose either or both of these penalties.
In addition, a court could sentence you to a term of probation for up to three years, order you to pay restitution to the other driver, and hold you liable for any court costs or fees. Finally, two points will be added to your California driving record for committing a misdemeanor hit and run.
Hit and run felony charges in California can be filed if you fail to follow through with your obligations following an injury or fatal crash. In this case, you could face between a minimum of 90 days in jail and a maximum of a four-year prison term. The court can also impose a fine of between $1,000 and $10,000.
Finally, the court can order you to pay restitution to those hurt in the crash, and two points will be placed on your driving record.
It is crucial to note that you can face the criminal penalties of either misdemeanor or felony hit and run, even if you are not the one who caused the crash.
Suppose another driver strikes you and sustains an injury. If you are driving without insurance and flee the scene of the accident, you can still face the consequences of a hit and run charge.
When You Are the Victim of a Hit and Run
This does not mean that you have no involvement in a criminal proceeding if you do not flee the scene of an accident. Law enforcement and prosecutors may still need your participation and involvement in their investigation. Police will likely question you to obtain as many details about the driver who fled and the vehicle they were driving.
If police do locate the person they believe struck you, they may call upon you again to see if you recognize the person they arrested or suspect of being involved. The prosecution may also call you as a witness, which would require that you appear in court when subpoenaed and give testimony.
You might also have to discuss any property damage or injuries you sustained to help the prosecutor prove their case.
Furthermore, if you were injured or suffered some financial loss because of a hit and run motorist, the prosecution may ask whether you want restitution. If so, the prosecutor handling your case may need you to provide documentation of your losses and injuries.
You might not want to participate this much in a criminal prosecution and therefore ask, “Can hit and run charges be dropped?” While prosecutors can drop charges, the law gives them the discretion to do so upon their chosen terms and conditions.
Just because you inform the prosecutor that you do not want to participate in their case does not mean the prosecutor must drop the hit and run charges.
Hit and Run Accident Reports: What to Know
California law requires that certain accidents be reported to law enforcement right away. These include accidents where:
- At least $1,000 worth of property damage is believed to have occurred
- Any individual has suffered any injury, no matter how minor
- Someone died in the crash
The duty to call law enforcement is placed on all drivers involved in the crash, not just the driver at fault. Therefore, if you are hurt in a hit and run accident, you still need to contact the police and report the accident.
When law enforcement appears, they will investigate the hit and run accident and prepare a written report. This written report will contain all of the details of your accident that the police can determine from their investigation.
While this may not provide you with the hit and run driver’s identification, you may need to provide your insurance company with a copy of the report as one of the terms of your policy.
Another part of the crash report will include the officer’s impressions of the accident. This portion of the report will indicate which driver the officer believed was primarily responsible for the accident and any other circumstances that may have contributed to the crash.
How to Obtain a Copy of Your Hit and Run Accident
Getting a copy of your collision report begins with identifying the agency that responded to your accident. For example, if the Yuba City Police Department investigated your hit and run accident, you must contact that department and ask for a copy of your report.
If the California Highway Patrol investigated your collision, obtaining a copy of the report requires you to complete a CHP Form 190 and submit it by mail or in person, along with the appropriate application fee. The fee begins at $10.00 for reports that are between one and 25 pages in length and increases from there.
Accident reports in California are generally not considered public records. Only certain individuals can request a copy of an accident report, including those involved and their attorneys.
Accident Reports Cannot Help Prove a Hit and Run Lawsuit
If the driver who struck you and caused your injury before driving off is eventually found, you may have the right to bring a civil suit against that driver. Such a lawsuit would be separate and distinct from any criminal charges they might face for fleeing the scene of an accident.
Through a legal claim against their insurance company or the driver personally, you could recover compensation for medical bills, pain and suffering, and other losses you experienced.
You might believe that your civil case could benefit from having the judge or jury review law enforcement’s accident report and the investigating officer’s conclusions. However, California law does not allow you to use accident reports in this way.
While a report can tell you who the investigating officer was, and you can subpoena that officer to your trial and have them testify for your case, the report itself is not admissible evidence.
Do Not Forget About Filing an SR-1 After a Hit and Run
If the accident is one for which you must call law enforcement, you must also file an SR-1 report with the Department for Motor Vehicles within ten days of your hit and run wreck. Similar to the duty to summon law enforcement, this obligation to file an SR-1 exists no matter if you were at fault for causing the accident.
Summary of Hit and Run Criminal Laws
A driver who speeds off from an injury or fatal crash, or one resulting in property damage, can leave victims in a dangerous position. Recognizing this, California has passed several laws, beginning with California Vehicle Code Section 20001, that set forth certain obligations drivers involved in crashes must complete after a collision.
These duties vary depending on the seriousness of the accident. At the very least, drivers should identify themselves to others involved. If there is any injury or death, law enforcement should be called and asked to immediately come to the accident scene. You and any other motorist should remain at the scene until law enforcement releases you.
Those who do not follow these obligations can be found in violation of the law. If someone was injured in the hit and run, penalties for a fleeing driver could include jail time, fines, and points against one’s license. These penalties would be on top of any liability imposed in a civil lawsuit.
How a Yuba City Car Accident Lawyer Can Help You
You still have legal rights if a California hit and run driver has impacted you or a loved one. Turn to the Law Offices of Steve L. Gimblin for guidance and direction on what to do next. Our experienced legal team can help you assert your right to recovery even if you are not initially sure of the driver’s identity.
Let us help you with your case. Call the Law Offices of Steve L. Gimblin today to get started.
No Comments