Hit and Run

Hit and Run

Hit and run is generally defined as a criminal act. It is the failure of a driver of a vehicle, involved in a collision, to stop and give their name, license number, and other information to the injured party, a witness, or law enforcement officer. These duties do not implicate the driver in terms of being responsible for the accident. Whether the driver caused the accident or whether it was caused by another person’s negligence, the duty to stop, report, and render aid is required. If the driver willfully fails to perform these legally required duties, they are guilty of the crime of hit and run

Some hit and run cases are not clear cut, and not easy to determine. For example, it may not be a clear case of hit and run where a driver has an accident near his home, doesn’t stop, but instead parks his car at home and walks back to the accident scene.

Hit and Run: Injury to Person

The California Vehicle Code mandates that where an accident results in injury to a person, other than the driver, the driver must immediately stop the vehicle at the scene of the accident. The driver must relay the following information to the person struck and to any law enforcement officer at the scene, or else be in violation of CVC 20001:

 Name of Driver
 Current address of residence
 The names and current addresses of any occupants of the driver’s vehicle injured in the accident
 The registration number of the vehicle
 Name and current address of the owner of the vehicle
 If asked, the driver must show their driver’s license to the injured party or to law enforcement officers.

In addition, the driver is required to render reasonable assistance to any injured person. This requirement has been determined to include such assistance as driving the person to a hospital or doctor or making arrangements for transportation.

The punishment for a hit and run varies, depending on whether someone was severely injured or died as a result of the hit and run. A hit and run is a wobbler, meaning it may be punished as a misdemeanor or a felony, depending on the severity of the crime, and perhaps the defendant’s criminal history. Punishment is described in California Vehicle Code Section 20001. For a hit and run, with no death or serious injury resulting, the punishment is either imprisonment in the state prison, or in a county jail up to one year, and/or by a fine between $1,000 and $10,000. However, where there a collision results in serious injury or death, a hit and run conviction will result in a term of 2, 3, or 4 years in the state prison, or in a county jail for a minimum of 90 days up to one year, and/or a fine between $1,000 and $10,000.

However, the court may reduce or eliminate the minimum imprisonment required by law, in the interests of justice. In addition, the court will take into consideration the defendant’s financial situation, looking at income to debt ratio and other financial obligations, in determining whether to lower the minimum fines than what is otherwise mandated by law.

Defenses

Hit and run is not always clear cut. The distance that the driver goes before turning back is the key to determining whether the crime of hit and run occurred.

The law requires that the driver stop at the safest opportunity, in order to give information and render aid. If the road and traffic conditions do not allow for immediate pulling over, then it is not a case of hit and run.

If the driver did not realize that there was a collision, perhaps because of weather conditions, road hazards, such as potholes, or other distractions and it is determined that such unawareness was reasonable in light of all the circumstances, then it is not a clear case of hit and run.