If you’re involved in an accident,
you must stop the car, provide your driver information
and insurance to the other party, and report it to the
police. You must do this before leaving the scene, even
if it isn't your fault, or you can be arrested
and face criminal charges. If you are
unable to identify or contact the property’s owner
you are legally required to leave a note with your contact
information and file an accident or police report Even
if you hit a lamp post or guard rail, you are required
to make a police report.
| Hit
and Run charges include the following: |
•
Car accidents or other moving motor vehicle
collisions
• Accidents involving death or serious
bodily injury
• Hitting a bicycle/rider or pedestrian
with your car
• Damaging a parked car or unoccupied
motor vehicle or property
|
California Hit and Run Law
California Hit and Run
accidents are misdemeanors or felonies
depending on the circumstances.
California
Law defines a Hit and Run Misdemeanor
as, "a failure to immediately stop at the scene
of a motor vehicle accident resulting
in property damage." This includes minor accidents
with no physical injuries.
The
Law defines a Hit and Run Felony as,
"a failure to immediately stop at the scene of
a motor vehicle accident involving
death or permanent injury to any person(s) and render
reasonable aid…" This is obviously much more
serious.
The
best way to handle a hit and run situation
is to follow these Do’s and Don’ts:
California
Hit and Run
Do’s and Don’ts |
1. |
DO
stop and exchange driver documentation with
the other party, including: |
| |
| |
•
Name
• License Number
• Vehicle Identification Number
• Insurance Carrier's Name and Address
• Insurance Policy Number
|
| 2. |
DO offer assistance and call 911 if someone
is injured. |
| |
You
may also take the injured person to the nearest
hospital.
|
| 3. |
DON’T say anything if you believe the
car accident is your fault!
Remember,
anything you say to the police or driver can
and will be used against you.
|
| |
| |
| |
•
FIRST, talk to a qualified
California Hit and Run attorney,
such as Stephen G.
Rodriguez.
|
| 4. |
DO
report the accident to the California Highway
Patrol (CHP) or local police, the Department
of Motor Vehicles (DMV) and your insurance
agent.
|
| |
| 5. |
DO the following if you can’t locate
the owner of the other vehicle or property: |
| |
| |
• Leave
a note with facts surrounding the case
and driver documentation
information
•
Report
the accident immediately
|
| 6. |
DON’T leave the scene of the accident
without exchanging information even if you
did not cause the accident. |
| |
|
Hit
and Run Penalties
Penalties for Hit and Run charges range
from minor to very serious.
Misdemeanors are the most common Hit
and Run charges and are the result of minimal property
damage and no physical injuries. Misdemeanors penalties
may carry 6 months in county jail, fines, victim restitution,
and license suspension.
A Felony is charged when the Hit and
Run accident causes serious bodily injury or death.
Felonies penalties may include several years in state
prison, thousands of dollars in fines, DMV points, and
license suspension.
Penalties
for Hit and Run may be increased if the Hit and Run
driver had a criminal record or even a prior Hit and
Run conviction. The other related factors considered
in the penalties and outcome of your Hit and Run include:
Also,
if you’re convicted, you’ll receive 2 points
on your California DMV record and will pay increased
auto insurance premiums or lose coverage altogether.
Avoid
Criminal Charges
Hit and Run is a serious crime. If you’re facing
a Hit and Run charge, call the Los
Angeles criminal defense attorneys at Stephen
G. Rodriguez & Associates immediately to discuss
your options. Why?