A hit-and-run happens when a motorist who has been in a crash with another car, a property, or a pedestrian deliberately leaves the accident scene without sharing their contact details or waiting for the police. Under California law, this action is considered a criminal offense because it violates the duty of care to others and complicates the investigation and compensation process.

In California, prosecutors have a limited period to bring charges against a driver accused of this crime. This timeframe is known as the statute of limitations. It is like a legal countdown that begins right after your accident and differs depending on whether the case is a misdemeanor or a felony. This blog discusses the statute of limitations for hit-and-run cases in California, the factors influencing prosecution timelines, and the legal repercussions of not staying at the scene of an accident.

What Is a Hit-and-Run Accident?

Hit-and-run accidents happen when drivers in car accidents intentionally flee the crash scene without sharing their contact details or waiting for law enforcement. This act is illegal as it goes against the duty to remain at the scene until law enforcement or emergency responders appear.

The repercussions of a hit-and-run vary based on the accident’s severity. If it only causes property damage, it is classified as a misdemeanor. However, if it results in injury or death, it can be charged as a felony.

Misdemeanor Hit and Run

According to California Vehicle Code 20002 VC, a hit-and-run is considered a misdemeanor when the motorist is involved in an accident that only causes property damage and no physical injuries and flees the accident scene.

This Vehicle Code outlines the key responsibilities of drivers in such accidents:

  • The driver should stop their vehicle immediately.

  • They must provide their full name and address to the other party.

  • They must present their driver’s license and vehicle registration if asked.

If you are in an accident that causes any damage, you must stop and share information with the others involved. This applies when you:

  • Hit another moving vehicle, regardless of the fault

  • Hit a parked vehicle

  • Hit a pedestrian, cyclist, or motorcyclist

For example, if you hit a parked car or another property and cannot locate the owner, you must leave a note and inform the police about the incident. The level of damage does not matter. Even minor damage requires you to exchange or leave your personal information.

Felony Hit and Run

California Vehicle Code 20001 VC defines felony hit and runs as follows:

“Any driver involved in an accident that causes death or injury to another person must stop immediately at the accident scene and meet the legal obligations outlined in Vehicle Code (VEH) Sections 20003 and 20004.”

A hit-and-run is considered a misdemeanor unless it results in bodily injury. If you leave the scene knowing that an injury may have occurred, you could face charges for a felony hit-and-run.

California Vehicle Code (VEH) 20001 outlines the legal obligations for drivers involved in accidents that may have resulted in injury. You are required to:

  • Stop your vehicle immediately in a safe area

  • Provide your name, address, and vehicle registration to the affected party

  • Offer reasonable assistance to ensure the wounded driver receives medical care

  • Share relevant information with a police officer present at the scene

Failure to comply with these steps may lead to felony hit-and-run charges under Vehicle Code 20001.

What Is a Statute of Limitations?

A statute of limitations (SOL) is the designated timeframe within which legal action can be initiated against an individual for a crime or for causing harm. Once this period expires, the individual can no longer be prosecuted or sued for that incident. The SOL varies based on the nature and seriousness of the crime. The typical SOL for a misdemeanor in California is one year, while most felonies have a three-year limit as per California Penal Code 801 PC. Some offenses, like hit-and-run, may have specific statutes of limitations that extend beyond the standard timeframes.

The statute of limitations for criminal cases starts when a crime is discovered or should have been discovered. This is known as the discovery rule. Additionally, if the suspect leaves California, the time limit can be extended by up to three years.

Criminal statutes of limitations serve two primary purposes:

  • They encourage prosecutors to act swiftly to preserve evidence and witnesses’ memories

  • They give potential defendants peace of mind that they will not face charges for events long ago.

The Extended Statute of Limitations For California Hit-and-Run Accidents

California has the highest number of hit-and-run accidents nationwide. In 2016, a report from AAA indicated that there were 2,049 deaths from hit-and-run incidents across the country, with California accounting for 337 of those fatalities. The Los Angeles Police Department handles around 20,000 hit-and-run cases each year.

To address this issue, Assemblyman Mike Gatto introduced Assembly Bill 184, which initially aimed to eliminate the statute of limitations for hit-and-run drivers in California, allowing prosecution at any point in a person’s life. Although the complete removal of the statute did not succeed, lawmakers did agree to extend the statute of limitations for these crimes from three to six years.

Governor Jerry Brown signed the bill, which took effect in California on January 1, 2014. Before the law was enacted in 2014, the time limit for prosecuting felony hit-and-run cases was 3 years, while it was just 1 year for misdemeanors. This duration was often insufficient for law enforcement officers to track down drivers accused of hit-and-run and pursue criminal charges.

Prosecutors have up to 6 years to bring charges for hit-and-run incidents if the victim has sustained a “permanent, serious injury.” An injury qualifies as permanent and severe if it results in a loss or lasting impairment of a body part or organ.

If the statute of limitations lapses when charges are filed, you can request a motion to dismiss the case.

Civil Statute Of Limitations For Hit-and-Run Accidents

The time limit for civil claims related to hit-and-runs is different. It stands at 2 years, meaning if you struck someone and fled the scene, they have 2 years to file a lawsuit against you. This applies to personal injury cases, including those involving wrongful death.

What Evidence is Required to Convict a Hit and Run in California?

To secure a successful conviction, a prosecutor must demonstrate that the accused was either involved in the accident, aware of it, or should have known and failed to stop and meet their legal responsibilities. They can bring different pieces of evidence to prosecute you. These can include:

Statements From Eyewitnesses

Eyewitnesses who witnessed the incident can share details about what happened. Their accounts can help confirm that the offender was at the crash scene and left without providing necessary assistance or information.

Video Footage

Surveillance videos from traffic cameras, security systems, or dash cams can help you identify the vehicles and drivers in a hit-and-run. This visual proof can support eyewitness testimonies and offer more details about the incident.

Evidence at the Accident Scene

Physical evidence, such as debris from the crash scene and vehicle damage, can link your vehicle to the incident. A prosecutor can utilize forensic analysis of the evidence to demonstrate that the accused’s vehicle was part of the event.

Other sources of evidence can include:

  • Any reports made to the police, your insurance company, or other individuals

  • Confessions or comments that show you were aware of the accident

Consequences of a Conviction

The consequences of being convicted of fleeing the car accident scene vary depending on whether injuries were present and their severity. Other consequences can arise from a hit-and-run conviction.

Criminal Consequences

Misdemeanor hit-and-run charges apply to accidents that result only in property damage. If found guilty, you may face:

  • Up to 6 months in county jail

  • Fines of up to $1,000.

Felony hit-and-run incidents result in injuries and are considered wobblers, allowing the prosecutor to decide whether to pursue felony or misdemeanor charges.

If charged as a misdemeanor, a conviction could lead to:

  • Up to 1 year in county jail

  • Fines ranging from $1,000 to $10,000.

If charged as a felony, the penalties may include:

  • 16 months to 3 years in county jail

  • Fines between $1,000 and $10,000.

If the injuries are severe or fatal, you could face a prison sentence of 2 to 4 years.

Civil Compromise to Avoid Hit-and-Run Criminal Charges

In some misdemeanor hit-and-run cases, you might have the chance to have your criminal charges dismissed by covering all expenses related to the accident. This is known as a “civil compromise,” according to California Penal Code 1378 PC. The court may drop the charges if you meet all the required conditions.

A civil compromise requires you to pay the injured party for all their damages. Once you have made the full payment, the victim can go to court and inform the judge that you have settled all expenses, asking for the charges to be dismissed.

However, the court ultimately decides whether to drop the criminal charges, and the victim’s acceptance of a civil compromise does not mean the charges will be dismissed.

What are the Criteria For Civil Liability In a Hit-and-Run Case In California?

In California, civil liability for a hit-and-run involves three main elements:

  • Negligence

  • Causation

  • Damages

Negligence means the driver acted carelessly, ignoring reasonable safety while driving. Causation establishes that the driver’s actions directly led to the victim’s injuries or losses. Damages encompass financial and non-financial losses the victim experienced due to the incident, such as medical bills, vehicle repairs, lost income, and emotional distress.

The level of responsibility for a hit-and-run is determined by the severity of the incident and any additional factors that may have contributed. Typically, individuals found guilty of a hit-and-run in California can be liable for compensatory damages (actual losses) and punitive damages (extra financial penalties).

Collateral Consequences of a Hit-and-Run Conviction

Being convicted of a hit-and-run can have other collateral repercussions beyond jail time and hefty fines. If charged, you could face:

  • Suspension of your driver’s license—If convicted, the DMV will add at least two points to your driving record. Accumulating four points within a year can result in a license suspension of six months or longer and other penalties.

  • Legal claims from anyone injured in the accident—They can sue you for extra compensation to cover medical expenses or emotional distress related to their injuries.

  • Legal claims for property damage—Property owners affected by the accident can sue you for damages. While insurance may cover most costs, you will be liable for any uncovered amounts.

  • Wrongful death claims from the family of anyone who died due to the accident. These claims can lead to additional criminal penalties and significant financial liability.

  • Increased car insurance rates—Your insurer may raise your premiums or cancel your policy if you are convicted of a hit-and-run.

An attorney experienced in hit-and-run cases understands California laws and the court system well. If you face hit-and-run charges, protecting your rights and future is crucial as soon as possible. Reach out to your attorney immediately for the best legal guidance and to prevent any confusion with the court or law enforcement.

How to Avoid Hit-and-Run Charges

To avoid the repercussions of hit-and-run laws, responsible driving decisions are key. If you are involved in any accident, no matter how small, you must report it to the police. Failing to do so can lead to hit-and-run charges, which carry serious legal consequences.

To ensure you comply with hit-and-run laws after an accident, follow these steps:

  1. Check for injuries—Before leaving the scene, confirm that you, your passengers and passengers in other vehicles are unharmed.

  2. Exchange information—Collect contact details from all drivers and passengers involved or share insurance information

  3. Call 911—Even if you believe no emergency services are needed, having police on-site will create a report that may be necessary later. Statements from witnesses can also be valuable if there’s a disagreement about who caused the accident.

  4. File a report with the California Department of Motor Vehicles (DMV)—If the accident resulted in property damage exceeding $1,000 or anyone injured, you must submit a written report to the DMV within 10 days of the incident.

Drivers should follow these steps and consistently use safe driving techniques while on the road. These include the following:

  • Maintaining a safe speed

  • Avoiding distractions like using a phone while driving.

  • Proper signaling when making turns

  • Maintaining safe distances from other motorists

You should also understand California laws on hit-and-run so that you are aware of your rights and responsibilities in the event of an accident.

Legal Defenses for Hit and Run Charges

When you contact a skilled criminal defense attorney to represent you in court, they can adjust their strategy to challenge the prosecution’s case based on the details of your situation. Common legal defenses your attorney can use include:

  1. Lack of intent—For a hit-and-run conviction, the prosecution must demonstrate beyond a reasonable doubt that the defendant intended to leave the accident scene knowing they were involved. If your lawyer can provide evidence showing you did not act with intent, you might avoid a conviction.

  2. Unawareness of the accident—According to California law, “if there is no contact between the vehicles or persons, then no crime has been committed and there is no hit-and-run offense” (California Vehicle Code Section 20003). So, if your situation does not fit this definition, you may have a valid defense.

  3. You were not the driver—The prosecution has to demonstrate that you were behind the wheel. You may have let a friend borrow your car, or someone else might have used it without your consent.

  4. False Accusations—There may be reason to argue that you were falsely accused and wrongfully arrested. You could be a victim of mistaken identity and not be involved in the hit-and-run incident. It is also possible that someone accused out of anger or revenge.

  5. Insanity Defense – In some cases, defendants with substance abuse issues or mental health conditions may plead insanity to avoid charges related to a misdemeanor or felony hit-and-run incident. This defense meets specific criteria and conditions, so it should only be considered after carefully evaluating the risks of using an insanity plea.

How is Hit-and-Run Different from Other Types of Accidents?

Unlike regular accidents, where the responsible individual remains present at the scene, hit-and-run accidents pose a particularly difficult challenge for law enforcement. Finding and arresting the driver can take much longer because they have already left the scene. This difference justifies why hit-and-run cases typically have a longer statute of limitations than other traffic offenses.

Find a Criminal Law Attorney Near Me

If you were part of a hit-and-run incident, under California Vehicle Code 20002, the prosecution has up to 6 years to file criminal charges. There could be an investigation in progress that you do not know about. Therefore, you should have a qualified attorney after the accident to help you manage your situation before any charges are filed.

To enhance your chances of a favorable outcome, you can contact us at Los Angeles Criminal Attorney to discuss your case and explore your legal options. We have a proven track record in various criminal cases and are committed to fighting for the best possible results. Call us at 424-333-0943 to set up a consultation with us today.