Leaving the scene of an accident, often referred to as a “hit and run,” carries serious legal consequences in California. Whether the accident caused property damage or involved injury, drivers who flee may face criminal charges, civil lawsuits, and other penalties. Here’s what happens if you leave the scene of an accident and how authorities work to identify hit-and-run drivers.
California’s Legal Obligations for Accident Involvement
Under California law, drivers involved in accidents have clear obligations to stay at the scene and take certain actions, depending on the circumstances.
- Vehicle Code 20002: This applies to accidents involving property damage only. Fleeing the scene in these cases is classified as a misdemeanor.
- Vehicle Code 20001: If an accident involves injury or death, leaving the scene is a more severe offense and may be charged as either a misdemeanor or a felony, depending on the case’s specifics.
Drivers are required to stop, identify themselves, and provide assistance if necessary. Failure to do so not only violates the law but can lead to severe legal consequences, especially in cases involving injuries or fatalities.
Consequences Based on Accident Severity
The penalties for fleeing an accident scene vary based on the severity of the incident:
- Property Damage Only (VC 20002): Fleeing the scene after causing property damage is a misdemeanor offense. Consequences can include fines, probation, and up to six months in jail.
- Injury or Death (VC 20001): In accidents involving injury or death, hit-and-run charges can be classified as misdemeanors or felonies. This classification affects potential fines and imprisonment terms, with felony charges carrying the most significant penalties.
Additional factors, such as whether the driver was under the influence or distracted at the time of the incident, may result in enhanced charges and stiffer penalties.
Factors That May Influence Penalties
Several factors can impact the consequences for a hit-and-run incident, including:
- Driving Under the Influence: If the driver was intoxicated, the penalties increase, potentially adding more jail time and higher fines.
- Distracted Driving: Texting or using a phone while driving can aggravate the offense, possibly leading to additional criminal or civil penalties.
- Self-Injury as a Reason for Fleeing: While injuries to the driver may be considered as a mitigating factor, they do not exempt the individual from their legal obligation to report the accident.
These factors underscore the importance of staying at the scene and fulfilling legal responsibilities, as leaving can lead to compounded consequences.
Methods Used to Track Down Hit-and-Run Drivers
Authorities employ various techniques to identify drivers who flee accident scenes. Here are some of the most common methods:
- Eyewitness Accounts: Witnesses can often provide details about the vehicle or driver, including the vehicle’s make, model, color, and possibly even partial license plate numbers.
- Surveillance Footage: Traffic cameras, security cameras at nearby businesses, and even dashcams in other vehicles frequently capture hit-and-run incidents, offering valuable evidence for law enforcement.
- Physical Evidence at the Scene: Vehicle parts, paint transfer, or even personal items left behind at the accident scene can help police identify the fleeing vehicle.
- Public and Media Appeals: Law enforcement agencies sometimes turn to the public for assistance, especially in serious cases involving injury or death. Media outlets may broadcast details of the incident to encourage witnesses to come forward.
- License Plate Recognition Technology: Automatic plate recognition systems used by police can scan and match license plates against databases of vehicles involved in crimes, helping to locate hit-and-run vehicles.
- Anonymous Tips: Hotlines and tip lines provide a way for individuals to report information anonymously, which can lead to identification of the responsible driver.
In addition, guilt or fear may prompt some drivers to turn themselves in, and repair shops might report suspiciously damaged vehicles, all of which help law enforcement solve these cases.
The Importance of Legal Representation
Given the legal complexities and serious consequences associated with hit-and-run accidents, obtaining legal representation is critical for anyone injured in such an incident. A skilled California accident attorney can help:
- File claims and lawsuits to pursue compensation
- Navigate the legal system and gather necessary evidence
- Advocate for victims to receive compensation for medical bills, pain, and suffering
If you or a loved one has been injured in a car accident in California, contact Law Offices of Michael A. Kahn at (310) 209-1600 for a consultation. Our legal team is experienced in fighting for justice and securing the compensation our clients deserve.
