Hit and Run Accidents: What to Do Immediately After the Incident
March 11, 2025
A hit and run accident is a serious offense in California, carrying significant legal consequences. Whether you've been involved in such an accident or as someone accused of fleeing the scene, understanding the legal ramifications is crucial.
Roth Legal, A Professional Law Corporation, is dedicated to those in Modesto, California, who are looking to understand the steps to take immediately after such an incident, as well as the legal implications. Here's what you need to know if you've been involved in an accident like this, from a hit and run attorney.
What Constitutes a Hit and Run in California?
Under California law, a hit and run accident is defined as a collision in which the responsible party leaves the scene without identifying themselves to the other party involved in the incident.
More specifically, California Vehicle Code Section 20002 applies to situations where a driver causes damage to another vehicle or property but fails to stop and provide information or assist the other party. It's essential to recognize that leaving the scene of an accident, regardless of fault, can lead to severe legal consequences.
California law makes no distinction between minor and serious accidents in hit and run cases. Whether the accident is a small fender-bender or a more catastrophic collision involving injuries or fatalities, fleeing the scene without fulfilling legal obligations can expose you to criminal charges.
Criminal Charges for Hit and Run in California
A hit and run incident in California can result in criminal charges under both misdemeanor and felony classifications, depending on the severity of the situation. It's vital to understand these legal distinctions and their consequences:
Misdemeanor Hit and Run
A misdemeanor hit and run occurs when property damage is involved, but no one is injured. This charge typically involves minor collisions where the responsible driver leaves the scene without providing personal information or assisting others involved in the accident. If charged with misdemeanor hit and run, the penalties can include:
Up to six months in jail
Fines up to $1,000
Driver’s license suspension for up to one year
Although it may seem less severe than a felony, being convicted of a misdemeanor hit and run still carries significant consequences that could affect your future. Additionally, a criminal record can have far-reaching implications, including employment opportunities and other legal concerns.
Felony Hit and Run
Felony hit and run charges are much more severe and are typically pursued when there are injuries or fatalities involved. If a hit and run results in injury or death, the responsible driver may face felony charges under California Vehicle Code Section 20001. Some penalties for a felony hit and run may include:
Two, three, or four years in state prison
Fines up to $10,000
Driver’s license revocation
In cases where the accident involves severe injuries or fatalities, the driver may also face additional charges of vehicular manslaughter or other serious crimes. The consequences for a felony hit and run are far-reaching, including not just legal penalties but the long-term impact on your life.
Immediate Steps to Take After a Hit and Run Incident
As the driver accused of leaving the scene, it's crucial to take the right steps immediately. Some of the most important actions you should take include:
1. Stop and Assess the Situation
If you're involved in an accident, the law mandates that you stop and assess the situation. Failing to stop at the scene is a violation of California law, and if you're the responsible driver, fleeing the scene can lead to criminal charges. If you're accused of fleeing the scene, it's important to have legal representation as soon as possible.
2. Contact Law Enforcement Immediately
If you've been accused of fleeing the scene, contacting law enforcement is crucial. Reporting the accident helps to make sure there's an official record of the incident, which is vital for the criminal defense process.
If you're a driver who left the scene, turning yourself in to the authorities as soon as possible is critical to mitigating the legal consequences. The police will work to collect evidence from the scene, interview witnesses, and gather any available video footage, such as from nearby surveillance cameras.
3. Collect Evidence at the Scene
As soon as you're safe, it's essential to collect as much evidence as possible to support your version of events. This could include:
Taking pictures of the damage to your vehicle, property, or any injuries you may have sustained
Documenting the time, date, and location of the accident
Obtaining contact details from any witnesses to the accident
Looking for surveillance cameras in the vicinity that may have captured the incident
Noting any details about the other vehicle involved (e.g., make, model, color, license plate number, or distinguishing features)
This documentation can play a role in your defense strategy. For example, if there's evidence that the damage to the other vehicle was minor, or if you can demonstrate that you weren't at fault, it may reduce the severity of the charges you face.
4. Seek Medical Attention
Even if you don't feel injured immediately after an accident, it's critical to seek medical attention. Some injuries, such as whiplash or internal damage, may not be immediately apparent.
Having a medical evaluation on record can help substantiate any claims related to injuries from the accident, which may be important for insurance claims or legal proceedings.
5. Notify Your Insurance Company
If you're the accused driver in a hit and run accident, contacting your insurance provider promptly is crucial. Reporting the incident to your insurer can help with coverage and may provide important support as your case unfolds, depending on the specifics of your policy and the circumstances surrounding the accident.
6. Avoid Discussing the Accident
After a hit and run incident, it's essential to avoid discussing the details of the accident with anyone other than law enforcement and your hit and run attorney. Any statements you make could potentially be used against you in court.
Be cautious about posting anything related to the accident on social media or discussing the event with friends, family, or witnesses. Anything you say may be misinterpreted and could negatively affect your case.
7. Consult a Hit and Run Attorney
When you're the accused driver in a hit and run accident, one of the most important steps to take immediately is to consult with an experienced hit and run attorney.
An experienced hit and run attorney, like Attorney Ryan Roth, will provide invaluable guidance in working through the complicated legal process, particularly when facing serious charges like this.
They can also help you understand the potential penalties and guide you through negotiations with law enforcement, prosecutors, and your insurance company.
Legal Defenses for Hit and Run Accusations
Several defenses may be available to those accused of hit and run in California. Some of these include:
Lack of knowledge: If you were unaware that an accident occurred, it may serve as a defense. For example, if the collision was minor and you didn't realize you caused damage, this could be part of your defense strategy.
Mistaken identity: In some cases, individuals may be wrongfully accused of being involved in a hit and run due to confusion about the vehicles or events at the scene.
Involuntary action: In rare instances, a driver might leave the scene due to panic or fear, not realizing the full extent of their actions or the legal implications.
Ultimately, the success of any defense strategy will depend on the specific circumstances of the case, which is why having an experienced criminal defense attorney is crucial to evaluating and pursuing the most effective defense for your situation.
Contact a Hit and Run Attorney Today
If you're facing accusations of leaving the scene of an accident, working with an experienced hit and run attorney is crucial. Roth Legal, A Professional Law Corporation is committed to serving clients in Modesto, Stockton, Manteca, Merced, and throughout the state of California. Call today to get started.