Felony Hit and Run in California - Vehicle Code 20001 VC
California Vehicle Code 20001 VC defines the crime of felony hit and run with injury. This section underscores the gravity of the situation, making it a serious crime to flee the scene of a car accident in which another person has been injured or killed.
If the accident only causes property damage but no injuries, the district attorney can only file misdemeanor hit-and-run charges per Vehicle Code 20002 CVC. But if the accident injures or kills another person, the DA can charge the more serious crime of felony hit-and-run.
VC 20001 says, “The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident…”
Having done this for twenty-five years, I'm seeing more and more people becoming involved in accidents where a death occurs, and then they drive away, and the police have to catch them later. The police either do this by way of some video at the scene of the accident or an eyewitness who gets the person's license plate.
There's a variety of different methods they can use to track down a hit-and-run driver who ends up killing somebody on the Los Angeles streets. Sometimes, these investigations take a while. I see them seizing people's cars so they can find DNA evidence on the vehicle.
I see them going to businesses near where the accident occurred so they can see what the vehicle that was involved in the accident looked like. There's a whole bunch of investigation techniques that are utilized by law enforcement to catch people who become involved in hit-and-run accidents where a death occurs.
They also get accident reconstruction people to the scene to determine precisely what happened and why.
When they catch the person who hit another vehicle and drove away, that person will be charged with felony hit-and-run. Depending on the circumstances, unique enhancements can apply that can cause the person to be sent to prison for a very long time.
Use of an Accident Reconstruction Expert
I've done many of these hit-and-run related death cases, and it's imperative a lot of times that we get a good accident reconstruction person if there's any question as to how and why the accident ended up occurring.
What's so shameful is that I see that the person wasn't doing anything wrong in many of these accidents.
All they had to do was stop and render aid to the person that they hit, or the person maybe ran a red light or made an illegal term and would not have been charged with a felony resulting in death where they're looking at prison time, probably would have been charged with involuntary manslaughter.
Still, running away increases the crime and the potential punishment, and the person puts himself in a terrible situation.
That's where a reasonable criminal defense attorney can help you to show the prosecutors – say, wait a minute, here's what happened, here's why it happened.
There's often an argument that the accident isn't even the fault of the person who ran away. I've had dart-out cases where people are jumping out in the middle of the street at night, and a person doesn't even see him or someone riding their bicycle illegally in a position where the driver couldn't see them.
Unfortunately, accidents happen, and sometimes they result in a tragic loss of life. But what's crucial is that the other person involved must stop and try to help. This act of stopping and rendering aid is not just a legal requirement but a moral responsibility that can significantly mitigate the legal consequences.
If you keep going, that's where the problems develop, and that's when you're going to need an excellent criminal defense attorney to explain what happened to the prosecutors and work on trying to get a result that you can live with.
What are the Defenses?
One defense is that you did not know that you hit another vehicle or person, so you left the accident scene. One big thing I've seen is if somebody allegedly causes an accident but is not involved with any impact.
So, let's say they cut somebody off or do something that causes another person to lose control of their car and crash. The prosecutors are charging those as hit and run as well.
Still, they will have to prove that the person, number one, caused the accident versus the other person just getting involved because of their negligence.
The second thing they have to prove is that the person knew or reasonably should have known based on the circumstances in which they caused an accident. Therefore, they had a duty to stop and render aid, figure out what happened, give their information, etc.
If you are involved in a hit-and-run accident and there is property damage, you must provide the other person with your information.
If you hurt somebody, you should help them. Call 9-1-1 and get out of your vehicle. Give them your insurance information, name, and contact number so they can get their car fixed.
If you don't do that, it's going to be a hit and run, and if a severe injury or a death results, it's going to be charged with a felony, and you're going to be looking at prison time.
So, the best defense I've seen is that you didn't know there was an accident or that you hit somebody because of the circumstances. Therefore, you're not responsible for a hit and run because you have to know or reasonably know.
The police will get somebody out there. Sometimes, their experts could be better, but they'll at least make some guesses. Some opinions about what they think happened, and then you have a foundation and a basis to hire your experts so that person can use whatever the police did.
Our team at the Hedding Law Firm is dedicated to providing comprehensive legal defense in serious hit-and-run cases. We conduct independent investigations to uncover the truth and explore potential defenses. If you're facing charges related to a hit-and-run, particularly one involving a death, it's crucial to seek legal counsel.
Contact us for more information. The Hedding Law Firm is based in Los Angeles, CA.
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