Hit-and-Run Accidents in California: Civil and Criminal Remedies

Hit-and-Run Accidents in California: Civil and Criminal Remedies

Hit-and-run accidents in California present uniquely complex challenges for victims. Beyond the immediate physical and emotional impact of a collision, victims must also contend with the uncertainty and frustration of an at-fault driver who flees the scene.

From a legal perspective, these cases operate within two distinct but interconnected frameworks. The criminal justice system seeks to hold the fleeing driver accountable for violating state law, while the civil justice system provides victims with a separate avenue to pursue financial compensation for their injuries and losses.

Because these processes function independently, victims often find the interplay between criminal liability and civil recovery difficult to navigate. A clear understanding of both aspects is critical for protecting one’s rights and ensuring access to the remedies available under California law.

This article examines the statutory obligations, potential criminal penalties, and civil strategies relevant to hit-and-run claims, offering insight into how victims can secure justice and financial recovery.

The Criminal Side: A Violation of Law

In California, leaving the scene of an accident without fulfilling a specific set of legal obligations is a crime.

The severity of the offense, whether it is a misdemeanor or a felony, is determined by the extent of the damage caused.

The underlying principle is simple: a driver has a duty to stop, assess the situation, and provide information. Failure to do so is a direct violation of the California Vehicle Code.

Misdemeanor Hit-and-Run: Vehicle Code § 20002

A misdemeanor hit-and-run occurs when a driver is involved in an accident that results in damage to property but causes no injuries.

This can range from a minor fender-bender in a parking lot to striking a stationary object like a fence or mailbox.

Under California Vehicle Code § 20002, the driver has a duty to immediately stop their vehicle at the nearest safe location and:

• Provide their name and address to the owner of the damaged property or vehicle.
• If the owner is not present, the driver must leave a note in a conspicuous place on the damaged property, containing their name, address, and a description of the accident. They must also, without unnecessary delay, notify the police.

A conviction for a misdemeanor hit-and-run can result in a range of penalties, including:

• Up to six months in county jail.
• A fine of up to $1,000.
• Two points on the driver's record.
• Restitution to the victim for the property damage.

It is important to note that a driver can be charged with this crime regardless of who was at fault for the accident.

The offense is not about causing the accident; it is about failing to fulfill the legal duty to stop and provide information after it has occurred.

Felony Hit-and-Run: Vehicle Code § 20001

The stakes are much higher when an accident involves an injury or a death.

Under California Vehicle Code § 20001, a driver involved in an accident that causes injury or death to any person, other than themselves, must immediately stop and fulfill a more extensive set of requirements.

In addition to exchanging information, they must also "render reasonable assistance" to the injured person, which includes calling for medical aid if necessary.

A felony hit-and-run is a "wobbler" crime, meaning it can be charged as either a misdemeanor or a felony depending on the specifics of the case and the severity of the injuries.

If charged as a felony, the penalties are significantly more severe:

• A fine of between $1,000 and $10,000.
• A state prison sentence. If the accident caused a non-serious injury, the sentence can be 16 months, two years, or three years.
• If the accident resulted in serious bodily injury or death, the prison sentence can be two, three, or four years.

A felony conviction carries a permanent criminal record, which can have long-lasting effects on a person's employment, housing, and other aspects of life.

The Civil Side: The Path to Compensation

While the criminal justice system seeks to punish the driver, the civil legal system is where victims can seek compensation for their losses. 

In California, Vehicle & Traffic Accident Claims provide a clear framework for pursuing damages after a crash.”

This process is distinct and separate from any criminal proceedings, and its primary goal is to make the victim "whole" again by recovering damages.

The Challenge of an Unidentified Driver

The most significant hurdle in a hit-and-run civil case is that the at-fault driver is unknown.

Without an identified defendant, you cannot file a traditional personal injury lawsuit. This is where your own insurance coverage becomes your most critical resource.

Uninsured/Underinsured Motorist (UM/UIM) Coverage

In California, auto insurers are legally required to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage, though drivers can decline it in writing.

This coverage is designed specifically for scenarios where the at-fault driver is either uninsured or cannot be identified, such as in a hit-and-run.

UM coverage acts as a substitute for the at-fault driver's liability insurance. When you make a UM claim, your own insurance company essentially steps into the shoes of the absent driver and pays for your damages, up to the limits of your policy. This can include:

• Medical expenses and future medical care.
• Lost wages and loss of future earning capacity.
• Pain and suffering.
• In some cases, property damage, if you have Uninsured Motorist Property Damage (UMPD) coverage.

Filing a UM claim is often the most direct and effective way for a victim of an unidentified hit-and-run to recover compensation.

Specialized Scenarios and Complexities

Beyond the basics, various types of hit-and-run accidents present unique challenges that require specific legal strategies.

Motorcycle, Bicycle, and Pedestrian Accidents

Riders and pedestrians are particularly vulnerable in a collision. Because they have no vehicle to absorb the impact, their injuries are often severe or catastrophic.

In a hit-and-run, the absence of a driver to pursue makes the situation even more dire.

For motorcycle accident and bicycle accident victims, UM coverage is crucial. A victim's UM policy typically covers them whether they were riding their motorcycle, bicycle, or walking as a pedestrian.

Proving negligence can also be more complex. Unlike a car-on-car collision where a police report might determine fault, a pedestrian accident case often relies heavily on witness testimony, video surveillance footage, and the expertise of an accident reconstruction specialist.

Commercial Truck Accidents

When a hit-and-run involves a commercial vehicle, such as a large semi-truck, the legal landscape becomes more complicated.

Truck accidents often involve multiple parties, including the driver, the trucking company, the truck’s owner, and the cargo owner.

A hit-and-run can complicate the investigation, as authorities must not only identify the driver but also trace the vehicle back to its corporate owner.

Victims may have grounds to sue the trucking company for negligent hiring, improper maintenance, or other violations of state and federal regulations.

DUI and Distracted Driving

Drivers who cause accidents while under the influence of alcohol or drugs or while distracted driving are at a higher risk of fleeing the scene to avoid facing severe criminal penalties.

A DUI accident that also involves a hit-and-run can lead to heightened criminal charges.

While a hit-and-run victim may be unable to prove intoxication or distraction without the at-fault driver present, the act of fleeing is a powerful indicator of culpability that can strengthen a future civil case if the driver is located.

Rideshare and Public Transportation

Accidents involving a rideshare vehicle (Uber, Lyft) or a public transportation bus or train have distinct legal considerations.

Rideshare companies have specific insurance policies that provide coverage in different stages of a driver's activity, and these can be complicated to navigate.

For public transportation, victims must contend with the government's sovereign immunity, which requires them to follow a strict and expedited claims process.

Under the California Government Tort Claims Act, victims have a short window, usually only six months from the date of the accident to file a claim with the relevant government agency.

The Investigative and Legal Process

For any victim of a hit-and-run, proactive action is paramount. Taking immediate steps can significantly increase the chances of a successful outcome, both in identifying the driver and recovering damages.

1. Safety First: After the accident, ensure your safety and the safety of anyone else involved. Move to a safe location if possible and check for injuries.
2. Call the Police: Immediately report the accident to law enforcement. A police report is an essential document that details the accident, includes official observations, and is required for insurance claims.
3. Gather Evidence: Collect any and all information you can. Take photos or videos of your vehicle’s damage, the accident scene, any skid marks or debris, and the surrounding area. Look for potential witnesses and ask for their names and contact information.
4. Seek Medical Attention: Even if you feel fine, seek a medical evaluation immediately. Some injuries, particularly internal ones, may not present symptoms right away. Your medical records will be the foundation of your injury claim, documenting the link between the accident and your injuries.
5. Notify Your Insurer: Report the accident to your insurance company as soon as possible. Be honest but avoid making assumptions about fault.

If the at-fault driver is located, a civil lawsuit for negligence can be filed.

To prove negligence in California, you must establish four key elements: duty of care, breach of duty, causation, and damages. In a hit-and-run case, the act of fleeing is a strong indicator of a breach of duty.

The Statute of Limitations

The statute of limitations is a critical deadline that governs how long you have to file a civil lawsuit. In California, the general statute of limitations for a personal injury claim is two years from the date of the accident.

For property damage, the deadline is three years.

However, as mentioned, claims against government agencies have a much shorter deadline typically six months.

This is why it is so crucial for victims to seek legal counsel immediately to ensure their rights are protected. Waiting too long can result in the complete loss of your right to sue, regardless of the merits of your case.

Conclusion

Hit-and-run accidents are a serious issue in California, with both severe criminal consequences for the at-fault driver and complex legal challenges for victims.

While law enforcement works to hold the fleeing driver criminally accountable, victims must take proactive steps to secure their financial future.

The California Victim Compensation Board (CalVCB) is also an important resource that can help victims with crime-related expenses, regardless of whether a driver is found.

By understanding the importance of your own uninsured motorist coverage, gathering crucial evidence at the scene, and acting within the strict deadlines of the statute of limitations, you can effectively navigate this challenging legal landscape.

Navigating these dual systems alone is a daunting task. An experienced personal injury attorney can be an invaluable asset, handling the communication with insurance companies, directing the investigation to find the at-fault driver, and fighting to secure the full compensation you deserve. 

People Also Ask

What is considered a hit-and-run in California?
A hit-and-run occurs when a driver leaves the scene of an accident without stopping to provide information or render aid, as required by California law.

Is hit-and-run a felony in California?
Yes, if the accident causes injury or death. Under Vehicle Code §20001, it can be charged as a felony with penalties including prison and fines.

Can I sue after a hit-and-run in California?
Yes. Victims can pursue civil claims for damages. If the at-fault driver cannot be identified, uninsured motorist (UM) coverage may apply.

What should I do immediately after a hit-and-run?
Call the police, gather evidence, seek medical care, and notify your insurer. Quick action improves your chance of recovery and compensation.

How long do I have to file a hit-and-run claim in California?
The statute of limitations is generally two years for personal injury and three years for property damage, but only six months for government claims.