California Hit and Run – 5 Key Things to Know

In California, a hit-and-run is the crime of crashing into someone or something and then fleeing the scene without providing your personal and contact information. Five things to know about this offense in California are:

1. there are 2 different statutes that could apply,
2. the criminal penalties for a conviction can be significant,
3. points will be assessed on your driver’s record,
4. the victim can file a civil lawsuit, and
5. your car insurance rates will likely increase.

1. California has 2 different hit-and-run laws

California is one of the few states that has 2 different criminal statutes for hit-and-run offenses. They are:

1. California Vehicle Code 20001 VC, or felony hit-and-run, and
2. California Vehicle Code 20002a VC, or misdemeanor hit-and-run.

The difference between these offenses is whether there was a bodily injury or death. If someone else got hurt or died, it is a felony hit-and-run. If the hit-and-run only caused property damage, then it is a misdemeanor hit-and-run.

Both, however, cover the offense of fleeing the scene after being involved in a car accident.

Note that you do not need to cause the accident to be liable for hit-and-run. If someone else hits you and they get hurt, you can face hit-and-run charges if you flee the scene.

The penalties for a conviction are more severe for a felony hit-and-run. They can get even more serious if the accident is fatal. You could also face charges for vehicular manslaughter as well.

Felony hit-and-run for personal injuries

The criminal elements of felony hit-and-run are:

1. while driving, you were involved in a motor vehicle accident,
2. the accident caused an injury or death to someone else,
3. you knew, or reasonably should have known, that you had been in a crash that hurt or killed someone, and
4. you willfully failed to:
   1. immediately stop at the scene of the crash,
   2. provide reasonable assistance to someone who had gotten hurt, or
   3. give your contact information to the injured person or police.[1]

That contact information must be enough for the driver or police officer to understand that you were the driver of the vehicle.[2]

If the prosecutor can prove each of these elements beyond a reasonable doubt, you can be convicted of felony hit-and-run in California.

Misdemeanor hit-and-run charges for property damage

The elements of the crime of misdemeanor hit-and-run are:

1. while driving, you were involved in a car crash,
2. the accident caused damage to another person’s property,
3. you knew or reasonably should have known that you had been involved in a crash that caused property damage, and
4. you willfully failed to either:
   1. stop at the scene of the accident, or
   2. provide the owner of the damaged property with your identifying information.[3]

Driving and hitting someone else’s pet amounts to property damage.[4] You can face a misdemeanor charge for fleeing the scene.

If the owner of the damaged property is not present, you are expected to leave a note with your identifying information.[5] After leaving the note, you then have to notify the police about the accident.^[6]

Your identifying information includes:

• your name and the name of the person who owns the vehicle you were driving, and
• your current address and the current address of the vehicle owner.^[7]

If requested, you also have to show the property owner your:

• driver’s license, and
• vehicle registration number.^[8]

2. The criminal penalties for a conviction

The criminal penalties for a hit-and-run conviction depend on whether it was a misdemeanor or a felony.

Hit-and-run convictions are usually accompanied by an infraction for failing to exchange information. The fine for this offense is $250.^[9]

Misdemeanor hit-and-run

A conviction for a misdemeanor offense carries up to:

• 6 months in county jail or on misdemeanor probation,
• $1,000 in criminal fines, and/or
• victim restitution[10]

Felony hit-and-run

While it is called a felony hit-and-run, the offense is actually a wobbler under California law. These can be prosecuted as either a misdemeanor or as a felony. The district attorney has discretion in which offense to charge.

If prosecuted as a misdemeanor, felony hit-and-run convictions carry:

• up to 1 year of jail time or misdemeanor probation, and/or
• between $1,000 and $10,000 in criminal fines.[11]

If charged as a felony, the maximum sentence increases to up to 4 years in state prison.[12]

You could also be made to pay victim restitution for injuries caused by you leaving the scene. However, restitution cannot be imposed for injuries from the accident itself.[13]

3. A hit-and-run accident will add points to your driving record

In addition to the criminal penalties of a hit-and-run conviction, the offense will also add 2 points to your driving record.

This is regardless of whether it was a felony or a misdemeanor hit-and-run. Both add 2 points.

If you accumulate 4 points in a year, your license can be suspended by the DMV for 6 months. Driving on a suspended license is a misdemeanor offense.

4. California hit-and-run victims can file a civil lawsuit

You can face a civil lawsuit for a hit-and-run in addition to the criminal charges. The victim can sue you and demand compensation for their:

• property damage,
• medical bills from the medical attention that they needed,
• professional losses, like lost wages, and
• pain and suffering.

This is especially common if your car insurance refuses to cover the accident or your policy cap is reached. If the victim suffered a serious injury or a permanent injury, the amount of compensation you owe could be significant.

5. Your car insurance premiums will likely increase

A conviction for hit-and-run will also likely lead to your car insurance company increasing your rates. They will see you as more of a risk to insure.

This is likely to happen even if you were not at fault for the crash. Your rates could go up even if you were hit by someone else if you then left the scene.

What if I was driving under the influence?

If you were driving under the influence (DUI), got into a crash, and then fled the scene, you can also face charges for DUI. This is in addition to the hit-and-run charge.

Many drivers try to argue that they only fled the scene of the accident because they were drunk. This is not a valid defense to hit-and-run. Instead, it only confesses to an additional crime.

What are some legal defenses?

3 legal defenses that the criminal defense attorneys at our law firm have used to combat hit-and-run charges in the past are:

1. you did not realize that there had been a crash,
2. it was unsafe to stop, and

Which defense strategy is best for your particular hit-and-run case will depend on the circumstances.

1. You did not realize there was a crash

Prosecutors have to prove that you were aware, or should have been aware, that you were involved in a crash that required you to stop. Not all crashes are so apparent. For example, you may:

• bump a parked car and not think that any damage was done, or
• run over what you think was a wild animal, but was actually someone’s pet.

2. Stopping was unsafe

After the accident, you are expected to stop as soon as reasonably possible under the circumstances. If stopping at the accident scene would have put you or others in harm’s way, it can be a strong defense. However, not immediately making yourself known and available to law enforcement can undermine this defense.

3. You were misidentified

You can also be the victim of mistaken identity in hit-and-run accidents. This is particularly common when you own the vehicle but someone else is driving it. They may have fled the scene of an accident in the hopes that you would get charged with hit-and-run instead of them.

Legal References:

[1] California Criminal Jury Instructions (CALCRIM) No. 2140.

[2] People v. Kroncke, 70 Cal.App.4th 1535 (1999).

[3] CALCRIM No. 2150.

[4] People v. Fimbres, 288 P. 19 (1930).

[5] People v. Stansberry, 242 Cal.App.2d 199 (1966).

[6] CALCRIM No. 2150.

[7] Same.

[8] Same.

[9] California Vehicle Code 16025 VC.

[10] California Vehicle Code section 20002c VC.

[11] California Vehicle Code 20001 VC.

[12] Same.

[13] People v. Martinez, 2 Cal. 5th 1093 (2017).