California Hit and Run Accident Lawyer
Don’t Face Your Hit and Run Case Alone – Our Attorneys Are Here to Help!
Are you a victim of a hit and run accident? You might think that there is no hope for justice or compensation, but our team of skilled California hit and run accident attorneys is here to help you seek the justice and compensation you deserve.
Fill out our contact form or give us a call today to schedule a free consultation and discuss your case with an experienced hit and run accident attorney.
What is a Hit and Run Accident?
A hit and run accident occurs when a driver involved in a collision leaves the scene without providing necessary information or offering aid to anyone injured. Legally, this is defined as failing to fulfill obligations after a crash, which typically include:
Exchanging contact and insurance information with the other party.
Remaining at the scene to render aid to anyone who is injured.
Notifying law enforcement about the accident, especially if there are injuries or significant property damage.
Providing accurate details to authorities regarding the incident.
Ensuring that all parties involved are accounted for before leaving the scene.
Common scenarios include a driver hitting another vehicle, a pedestrian, or property and fleeing to avoid responsibility. These offenses are taken seriously, whether the driver leaves due to fear, lack of insurance, or other reasons. Hit and run accidents can range from minor property damage to severe injuries or fatalities, and penalties escalate accordingly.
Laws That Govern Hit and Run Accidents in California
In California, hit-and-run laws are governed by Vehicle Code 20001 and Vehicle Code 20002. These laws address accidents that involve injury/death and property damage, respectively. Below is an overview of these laws, their requirements, penalties, and defenses.
1. Misdemeanor Hit and Run: Vehicle Code 20002
Applies to accidents causing property damage only (e.g., vehicles, mailboxes, pets). It is a misdemeanor to leave the scene without fulfilling legal duties.
A driver must:
Stop immediately at a safe location.
Provide identification (name, address, vehicle owner’s details) to the property owner or person in control.
If the owner is absent, leave a note with contact information and accident details.
Notify police if required (e.g., owner not found).
The prosecution must prove:
The defendant drove and was involved in an accident.
The accident caused property damage.
The defendant knew (or should have known) of the accident and damage.
The defendant willfully failed to stop or provide information.
Up to 6 months in county jail.
Fines up to $1,000.
Possible misdemeanor probation.
Two points on DMV record.
Restitution for property damage.
Additional $250 fine for failing to exchange insurance information (VC 16025).
Applies to accidents causing injury or death to another person. It is a wobbler (misdemeanor or felony), depending on severity and criminal history.
A driver must:
Stop immediately at the scene.
Provide identification (name, address, license, registration) to the other party or police.
Render reasonable assistance (e.g., call 911 for injured persons).
Report to police if no officers are present, especially in fatal accidents.
The prosecution must prove:
The defendant drove and was involved in an accident.
The accident caused injury or death.
The defendant knew (or should have known) of the injury/death.
The defendant willfully failed to stop, provide information, or render aid.
Up to 1 year in county jail (minimum 90 days for injuries).
Fines up to $10,000.
Possible probation.
Up to 4 years in state prison (or 5 years with gross vehicular manslaughter).
Fines up to $10,000.
Possible formal probation.
License suspension.
Points on driving record.
Victim restitution.
Felony charges are more likely for serious injuries, death, or prior convictions.
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Hit and Run Defenses in California
If wrongfully accused, our hit and run lawyers in California can help you fight the charges and protect your rights. Possible defenses for hit and run charges include:
Lack of knowledge or intent
If you were not aware that an accident occurred, or if you did not intend to flee the scene, you may have a strong defense against hit and run charges.
False accusations:
In some cases, individuals may falsely accuse someone of committing a hit and run in order to avoid their own responsibilities or consequences.
Insufficient evidence
The prosecution must prove beyond a reasonable doubt that you committed the hit and run offense. If there is insufficient evidence to support this claim, your lawyer can argue for dismissal of the charges.
Emergency situation
If you left the scene of an accident to seek medical attention for yourself or someone else, this can be considered a valid defense against hit and run charges.
Lack of knowledge
If you were not aware that the accident occurred or that there was damage caused, you cannot be held responsible for leaving the scene. This is known as a lack of knowledge defense.
Duress
In some rare cases, an individual may have been forced by another person to leave the scene of an accident. This can serve as a valid defense against hit and run charges.
Mental state
A strong defense can also be built around your mental state at the time of the incident. If you were experiencing temporary insanity or were under extreme emotional distress, it may have affected your ability to make rational decisions.
Involuntary intoxication
If you were unknowingly drugged or intoxicated and were not in control of your actions, this can be used as a defense against hit and run charges. However, voluntary intoxication is typically not accepted as a valid defense.
Lack of evidence
It is important to remember that the burden of proof lies on the prosecution in a hit and run case. If there is not enough evidence to prove that you were actually involved in the accident, it may be difficult for them to convict you.
Compensation in a Hit and Run Claim
If you are a victim of a hit and run accident, a California hit and run attorney from CA Injury Lawyer can help you navigate through the complicated legal process and seek the compensation you deserve. Compensation in a hit and run claim can include:
Medical expenses
This includes any medical treatment or procedures needed as a result of the accident, including hospital visits, surgeries, medications, physical therapy, and more.
Property damage
If your vehicle was damaged in the hit and run accident, you may be entitled to compensation for repairs or replacement.
Lost wages
If you were unable to work due to injuries sustained in the hit and run accident, you can seek compensation for lost wages.
Pain and suffering
In some cases, victims of hit and run accidents may experience emotional distress or mental anguish. Compensation can be sought for these non-economic damages.
Punitive damages
In extreme cases where the driver who fled the scene was acting recklessly or intentionally, punitive damages may be awarded to punish them and deter similar behavior in the future.
Our team of experienced personal injury attorneys understands the complexities of these types of cases and will fight tirelessly on your behalf.
Talk to A Hit and Run Accident Lawyer Today
CA Injury Lawyer’s hit and run accident attorneys offer free consultations for hit and run accident cases. We will review your case and advise you on the best course of action to take. Our goal is to ensure that you receive the justice and compensation you deserve.
Don’t wait – contact us today to schedule your consultation with one of our knowledgeable attorneys.