Skip to content

What is a Hit and Run?

A “Hit and Run” refers to a violation of Vehicle Code sections 20001 or 20002. These sections make it a crime to leave the scene of an automobile accident involving property damage, injury, or death.

Property Damage

If the accident only resulted in property damage, the driver must notify the owner of the property. If the owner of the property is not present, the driver must leave a note. The note must include their name, address, and the vehicle owner’s information (VC 20002). The driver is also required to report the accident to local law enforcement.

Death or Injury

If the accident resulted in death or injury to a person other than the driver, the driver must provide to the injured persons:

  • The driver’s name and address
  • The name and address of any injured passengers
  • The vehicle’s registration number
  • The name and address of the car’s owner

The driver must also render reasonable assistance to the injured persons. This includes but is not limited to transporting the injured person(s) to a hospital (VC 20003(a)).

Punishments

Vehicle Code § 20001. Death or Injury. The punishment is prison or county jail for not more than one year and by a fine of up to $10,000. However, if the accident results in death or serious injury, the driver shall be punished by 2, 3, or 4 years in prison, or in county jail for at least 90 days.

When the punishment for a crime is no more than one year in jail (misdemeanor) OR prison (felony), it is referred to as a “wobbler.” The prosecutor has the power to determine whether to charge a wobbler as a misdemeanor or a felony. The Judge also has the power to reduce a felony to a misdemeanor under Penal Code section 17(b).

Vehicle Code § 20002. Property Damage. Violation of this section is a misdemeanor. The punishment is up to 6 months in county jail and/or a maximum fine of $1,000.

Restitution

Restitution is payment for damages caused by the Defendant. The court cannot order restitution for a hit and run unless:

  • The defendant caused the victim’s injuries by violating another criminal law, such as DUI, or reckless driving;
  • The defendant caused or worsened the victim’s injuries by leaving the scene of the accident;
  • The restitution is a term of defendant’s probation.

Defenses to Hit and Run

  • No Damage – A driver is not required to stop or report an accident if there was no damage and no injury to other people.
  • No Injury to Others – A driver does not need to stop or report an accident if only the driver is injured (and there is no property damage).
  • Not the Driver – A passenger in the vehicle must report an accident if the driver is unable. However, failure to do so is not a criminal act.
  • Unable to Make Report – A driver who is physically incapacitated due to the accident is not required to report the accident.

RBX Law defends against hit and run charges.