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There are two types of hit-and-run incidents: those that damage property and those that cause others injury or harm. However, various studies have found that both incidences are on the rise.
For example, a recent study from the AAA Foundation for Traffic Safety found that there’s a hit-and-run crash happening somewhere in the US every 43 seconds.
If you are involved in a hit-and-run, it's best to take accountability sooner rather than later. Not only is this the right thing to do, but California has strict laws in place relating to hit-and-runs, and turning yourself in could help to alleviate some of the charges you’ll face.
Hit and Run Laws in California
Within the state of California, there are two types of hit-and-run charges: misdemeanor and felony.
What is a misdemeanor hit and run?
You can be charged with a misdemeanor hit and run if, when behind the wheel, you caused an accident that resulted in property damage and then failed to stop or report the accident. This charge is outlined by Veh. Code, § 20002.
In order to be charged with this crime, it must be proven that:
- You were involved in an accident while driving
- The accident caused damage to someone else’s property (Vehicle, homes, etc.)
- You knew that damage was sustained or that you likely had caused damage and failed to immediately stop or to swap contact/insurance details with the other involved parties.
- Or you failed to properly report the accident to the relevant authorities, such as the local police department.
What is a felony hit and run?
You can be charged with a felony hit and run if you were involved in an accident that left the other involved parties injured and then failed to stop or report the accident. These charges are outlined in Veh. Code § 2001.
This regulation stipulates that " the driver of a vehicle involved in an accident resulting in injury to a person other than himself or herself or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.”
Penalties for Hit and Run in California
There are various penalties in place for those who are involved in hit-and-run cases in California. Again, this can vary depending on the nature of the charges you are facing.
Misdemeanor hit-and-run charges.
If you are found guilty of a misdemeanor hit-and-run in California, you could face:
- 6 months in County Jail
- A Fine up to $1,000
- Two points on your driving licence
The majority of those facing these charges are eligible for bail while awaiting sentencing. If you (or your loved ones) cannot pay this upfront, working with a bail bonds agent will ensure that you do not spend unnecessary time in custody. This gives you the chance to work with your lawyer on your defense, putting your best foot forward when the court date arrives.
Felony hit-and-run charges.
The penalties for felony hit-and-run charges can vary, depending on the severity of the incident. In the case of non-permanent injuries, you could face:
- Up to 6 months in Jail (Minimum of 90 days)
- A fine of up to $1,000.
In the case of permanent injury (or death), you could face:
- Up to four years in a California State Prison
- A fine of up to $10,000
When it comes to felony hit-and-run charges, it is also likely that your lisence will be revoked, per California Code VEH § 13350.
It is also important to note that additional charges can be added depending on the nature of the incident. This could include charges for vehicular manslaughter, driving under the influence (DUI), or speeding - among others.
When facing these charges, you may again be given the opportunity to post bail. As the bail amount set for felony charges is typically higher than that for misdemeanors, working with a bail bond agent is often necessary.
Understanding Hit and Run Convictions
When arrested for a hit-and-run conviction, the convictions you face can often feel overwhelming. Many of those awaiting sentencing feel nervous and anxious, as it's likely to have a profound impact on their life moving forward.
However, working to understand the charges you are facing can help to alleviate this somewhat, as you know what to expect moving forward. Working with a trusted defense lawyer is critical during this time, as they’ll be able to break down any complicated legal jargon and potential convictions so that they are easier to understand.
Consequences of a Hit and Run in California
Consequences for the victim.
Hit-and-runs, whether they lead to severe injuries or minor property damage, can have a lasting effect on the victim’s health and well-being, alongside their personal finances. For example, “mental disorder rates after traffic injuries have been reported as high as the range of 30–50% in some studies.”
As a result of this lasting mental anguish (and the potential for permanent or life-long injuries), the consequences of hit-and-run accidents can be quite severe for the perpetrator.
Consequences for the victim.
As outlined above, there are numerous legal consequences tied to being found guilty in a hit-and-run incident, including jail time, driving bans, and fines. However, the consequences could also extend beyond the legal system. For example, the charges you face could make it harder to obtain car insurance in the future, or the amount you must pay could increase significantly.
California's Strict Stance on Hit and Run Cases
California has a particularly strict stance on Hit-and-Run cases. However, this is for a good reason. A recent study found that “more than one in every ten fatal crashes in California is a hit-and-run.” This means that California has the highest number of fatal hit-and-runs in the US, with this being the root cause of 10.48% of accidents—a figure that is significantly higher than the national rate of 6.33%.
Within California, there are numerous systems in place to prevent hit-and-runs and ensure that those guilty are convicted as swiftly as possible. For example, in 2022, the “Yellow Alert” became law (Section 8594.15).
This is an alert system that is activated “when a person has been killed due to a hit-and-run incident, and the law enforcement has specified information concerning the suspect or the suspect’s vehicle.” For example, it could be that law enforcement provided motorists with information such as:
- A complete license plate number
- A partial license plate number paired with distinctive characteristics about the car (make, model, color).
- The identity of the suspect.
The severe consequences associated with hit-and-run charges mean that it is essential that all motorists know what to do when a roadside accident occurs. While your first instinct may be to remove yourself from the scene, you must continue to comply with all traffic laws.
For example, California Vehicle Code 20002, subdivision A, states that “The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists.”
Remember, fleeing the scene of the incident will not absolve you of your responsibilities as a motorist—it will only increase the charges you face once you are caught.
Legal Ramifications of Hit and Run Accidents
The legal ramifications of a hit-and-run accident can vary depending on the severity of the incident. For example, the more extensive the damage caused by a misdemeanor hit-and-run, the more you’ll be expected to pay in fines to cover this. Similarly, in felony cases, the severity of any injuries caused will be reflected in the charges you face.
Either way, the legal ramifications of hit-and-run accidents tend to include some of the following:
- Criminal Charges. Criminal charges can be filed per Veh. Code § 2001 and VEH § 13350, alongside other national laws and local regulations. The specific circumstances surrounding each accident determine which criminal charges are applicable, and defendants can face numerous charges at once. For example, if you were driving under the influence, you would face DUI charges in addition to the charges outlined above.
- Fines. The cost of fines for misdemeanor hit-and-runs can be up to $1,000 and in cases where permanent injuries are sustained (felony), up to $10,000. In some cases, you may be able to negotiate a payment plan to avoid upfront payments. This may be necessary for those facing numerous charges, as the costs can quickly add up. Failing to pay fines within an agreed timeframe can result in further charges and, in some circumstances, jail time.
- Lisence suspension or points. A minimum of two points will be added to your license, or your lisence may be suspended/revoked. This could make returning to the road in the future more difficult, especially when it comes to obtaining car insurance.
- Imprisonment. Many of those who are convicted of hit-and-run crimes will also face jail time. The amount of time you will be expected to spend behind bars can vary depending on the nature of the conviction. For example, you could spend as little as 30 days in jail or upwards of 2 years. Working with a lawyer is often crucial to reducing the amount of time you spend behind bars - so you can work with a bail bonds agent.
Additional Charges.
Those facing hit-and-run charges within California often face additional charges relating to their crime, which often heighten the consequences they face.
Speeding Violations. If your hit-and-run was caused by speeding violations (such as disregarding the speed limit in a residential area), speeding charges will also apply. In California, there’s a set base fine for speeding of $35 for those who exceed the speeding limit by 15 mph. However, this can increase quite considerably in cases where speeding results in injury. In addition to fines, you may also be required to attend a speed awareness course or traffic school before you are able to get behind the wheel once again.
Vehicular Manslaughter. The number of fatalities caused by hit-and-run accidents has spiked by 89% in the past decade, per a recent study. This figure alone proves that the consequences of such incidents must be made more severe. If you are involved in an accident that results in the loss of life, you may be charged with vehicular manslaughter. Again, this could be either a misdemeanor or felony charge.
Misdemeanor charges apply when the driver has been negligent, but “gross negligence” does not apply. For example, they may have ignored a stop sign or driven above the speed limit in low-traffic or residential areas. In California, those facing misdemeanor vehicular manslaughter face up to a year in jail, though they often serve less than this amount.
Felony charges apply in scenarios where the driver has shown gross negligence, such as by driving under the influence. Those facing a felony vehicular manslaughter charge in California may face between 2-6 years in prison.
Driving under the influence. Additional charges will apply if your hit-and-run was caused by driving under the influence. For a first-time DUI, you could face up to six months in prison and have your license suspended. You will also be expected to pay a fee of up to $1,000. Repeat offenders will face harsher charges, though the consequences will also increase in severity depending on the nature of any injuries caused by reckless driving.
Driving without a lisence. One of the most cited reasons for fleeing the scene of an accident is that the person behind the wheel does not have a lisence or that their lisence has expired. Driving without a lisence is a misdemeanor crime. In California, this means that you could face up to six months in jail and a fine of up to $1,000. In some cases, however, this may be considered an infraction.
Jail Time for Hit and Run Offenses in California
If you have been involved in a hit and run accident in California, you may be worried about the amount of jail time you’re set to face. This can vary on a case-by-case basis, meaning that the judge will have the final say on the amount of time you spend in jail. They will take into account a variety of factors, such as the severity of injuries/damage caused and the circumstances surrounding the accident.
However, typically, those who are charged with a felony hit and run in California will spend a minimum of 90 days in jail before serving a state prison sentence. Again, the length of this prison sentence can vary quite considerably. Those who are charged with a misdemeanor hit and run in California will spend a maximum of six months in Jail.
However, in both scenarios, it is worth noting that there are specific steps you can take to reduce the amount of time you spend behind bars.
For example, you can work with a bail bonds agent to secure your release before your court date. This reduces the impact that the accident has on your life, as you can maintain a sense of normality during this time - by continuing to uphold your personal and professional obligations.
Furthermore, working with an experienced defense lawyer can also work in your favor. This is because they will be able to advocate for you during your trial or court date with the intention of lowering your sentence. They will always act with your best interests in mind and will also be on hand to answer any questions you may have during this time.
Judges or those presiding over the case may also show some leniency if you have turned yourself in after a hit-and-run, as opposed to trying to evade the consequences. This shows that you are holding yourself accountable and that you have acknowledged that you made a mistake.
Protecting Yourself from Hit and Run Charges
There are many steps you can take to protect yourself from hit and run charges in California.
Drive Safely.
The first (and perhaps most obvious) way to avoid hit-and-run charges is to ensure that you drive as safely as possible. Ensure that you are always focused when you get behind the wheel and that your behavior will not put yourself or others at risk.
Stop after an accident.
You should not flee the scene if you are involved in an automotive accident. Instead, you should offer support to those around you by assessing any injuries and calling the emergency services if necessary. During this time, you should also swap your name, contact details, and insurance details with the other parties involved before reporting the accident to the relevant police.
While you may be reluctant to report the incident to the police if you are at fault, having an official accident report in place will work in your favor. It can help you avoid hit-and-run charges in the future and reduce the chances of you dealing with false accusations from the other parties involved.
Seek out legal support.
Once you have reported the incident to the authorities and your insurance provider, you should seek out legal representation. This is the easiest way to protect your best interests moving forward, especially if you have little prior experience with the California legal system. The legal world is complex and challenging to navigate, and having a lawyer on the side can make the process a lot smoother.
They will be able to guide you throughout each step of the legal process, discussing potential outcomes with you so that you understand what you are up against. They will also help you to come up with your defense, or develop potential strategies that could lower the amount of time you spend in jail.
Potential defenses.
While you should take accountability for your actions after being involved in a hit-and-run accident, especially in cases where another party is injured due to your negligence, there are specific scenarios in which your actions may be defensible.
For example, if your lawyer is able to prove that you were unaware of any damages caused, this could lessen the charges you face, as hit-and-run charges often require proof that you knew about the damages. However, this can be difficult to prove.
Mitigating circumstances could provide the court with further context into the accident, which could mean that they view your case under a more compassionate end. However, this is only applicable in rare circumstances. For example, you may have broken the speed limit in order to receive urgent medical attention.
Final Thoughts.
If you were involved in a hit-and-run case, it is important that you do not continue to run. Accountability is key in these scenarios, and turning yourself into authorities, as opposed to waiting for them to catch up to you, will likely lessen the consequences you face quite considerably. Remember, the statute of limitations for hit-and-run incidents in California is six years.
Understanding the potential charges you face is key to maintaining your sense of calm during an otherwise stressful time. Typically, you will face either a misdemeanor or felony charge, depending on the circumstances surrounding the accident. Both charges face significant consequences in the form of jail time, imprisonment, fines, and driving lisence suspension - though working with a lawyer can help to protect your best interests during this time.
On a similar note, it's important to remember that you do not necessarily have to await your sentencing in jail. Once the bond has been posted by the judge (within 48 hours in California), you should reach out to a bail bond agent. They will be able to assist you in covering the cost of bail so that you are free to leave jail ahead of your court date. This can considerably reduce the stress and anxiety you face during this time.