Hit and Run Accident Lawsuit in California

In the State of California, a hit and run accident is leaving the scene of a vehicle accident and not stopping to render assistance or stopping to exchange information under the hit and run laws in California, California Vehicle Code (CVC) sections 20001 and 20002, which may result in misdemeanor or felony criminal charges.

When an individual is involved in a collision with a vehicle, another person, or another individual’s property, they are required to stop and provide the following information:

• Their name
• Their driver’s license number
• The name of their insurance provider
• Their insurance policy number
• Their license plate number
• Any other information required by statute

This information must be given to the injured party and law enforcement. If no one was injured and no property was damaged, it may be enough to leave a note attached to the property that includes the information listed above.

This may not be considered a hit and run because the individual did not fail to stop and provide their information and claim responsibility. The individuals involved may also be required to file a police report.

For more information on the requirements when an accident occurs in California, an individual should consult with a local California lawyer.

What Are the Penalties for a Hit and Run?

In California, a hit and run offense may be charged either as a misdemeanor or as a felony, depending on the circumstances. The penalties for a hit and run offense may range from jail time and criminal fines to a prison sentence and restitution.

The penalties an individual may face under CVC 20002 for misdemeanor hit and run accidents, when only property damage occurred, include:

• Up to six months in a county jail
• Criminal fines of up to $1,000
• Probation for up to three years
• Community service
• Restitution to pay for property damage
• Two points on the individual’s driving record

Under CVC 20001, when an accident results in injury or death, the offense will be charged as a felony hit and run and the perpetrator may face:

• Up to four years in a California state prison
• Criminal fines of up to $10,000
• Restitution payments to the victim
• Driver’s license suspension
• A minimum of 90 days in county jail
• Two points on the individual’s driving record

There are important considerations for individuals involved in hit and run accidents, as CVC 20001 is a wobbler offense. This means that it can be charged as a misdemeanor or as a felony, depending on the circumstances of the case as well as the defendant’s criminal history.

In certain cases, if alcohol was not involved, a defendant may be eligible for a civil compromise under California Penal Code Section 1377. This allows the defendant’s charges to be dismissed once the defendant compensates the victim for the property damage they caused.

A driver who commits a hit and run accident can also face a civil lawsuit for damages. This means they may also be required to pay a monetary award to compensate the plaintiff for incurred medical expenses, damage to their vehicle, emotional distress, and other types of damages.

It is important for victims of hit and run accidents to be aware that there is likely a statute of limitations for hit and run accidents. In California, the state has six years to file charges against a defendant.

A plaintiff will have three years to file a lawsuit for compensation for property damage and two years to file a lawsuit for personal injury compensation. Any individual who has been involved in a hit and run accident should have a lawyer consultation to determine the available remedies and what liabilities they may face.

What Should I Do if I Am Involved in a Hit and Run Accident?

When an individual is involved in an accident, it is important to not leave the scene, even if the damage is only minor. Law enforcement should be notified and the parties should exchange the information listed previously.

If an individual is a hit and run victim, they should notate everything they can about the other driver and their vehicle so they can provide those details to law enforcement. If possible, witnesses should remain to give a statement to law enforcement.

How Much Money Should I Ask for in a Settlement?

The amount of money an individual should request in a hit and run settlement will vary depending on:

• The severity of injuries
  • Minor injuries, such as bruises or sprains, will result in lower settlements than major injuries, such as broken bones or traumatic brain injuries
• The impact on the individuals’ life
  • This many include lost income, future medical expenses, and pain and suffering
• Insurance coverage
  • The amount of coverage that is available can have a major impact on a potential settlement amount

A settlement may range anywhere from a few thousand dollars to hundreds of thousands of dollars, depending on the injuries or damages. It is important to be aware that many insurance companies will start with a low offer in hopes the individual will accept it.

Because of this, it is important for an individual to consult with a California personal injury attorney to ensure they receive a fair settlement.

Are There Any Defenses for a Hit and Run?

There may be defenses available for hit and run cases but they may not completely eliminate an individual’s liability for fleeing the scene. Examples of defenses that an individual may be able to present in California hit and run cases include:

• Involuntary intoxication or diminished capacity: If an individual believes they were drugged, they may be able to use involuntary intoxication as a defense to the hit and run charges.
  • This defense is not typically successful, although it can be presented.
• Responding to an emergency: If an individual left an accident scene due to an emergency, such as driving to the hospital, the emergency may be a defense.
  • It will ultimately be up to the authorities in the jurisdiction as to whether the circumstances surrounding the case constituted an actual emergency that excuses the individual’s failure to remain at the scene and provide the required information.
• Lack of knowledge: A lack of knowledge defense can be used if an individual leaves an accident scene because they did not realize there was property damage or that someone was injured.
  • It is important to note that an individual may still face negligent or reckless driving charges.
  • It can also be difficult to prove that a driver was unaware that they caused injury to someone else or damage to property with their vehicle.

Do I Need a Lawyer if I Have Been Charged With a Hit and Run?

If you are facing hit and run criminal charges or a civil lawsuit for a hit and run, it is essential to consult with a California hit and run attorney. Your lawyer will help you understand the laws of California, what compensation you may receive, your potential liability, and what defenses may be available.

If you have been a victim in a hit and run accident, your personal injury lawyer can help you determine the best course of action, for example, a civil lawsuit to recover damages, and represent you throughout the process. You can use LegalMatch to find a hit and run lawyer in your area at no cost in as little as 15 minutes with an online submission.