Is it a Crime to Leave the Scene of an Accident?

Getting into a car accident, whether minor or serious, can be painful and a nuisance. It is easy to wish you could drive off and avoid dealing with the situation, but it is a crime to leave the scene of an accident. If you are facing hit and run charges, do not hesitate to contact an experienced Red Bluff criminal lawyer for representation and advice.

Is it a Crime to Leave the Scene of an Accident?

Yes, it is illegal to leave the scene of an accident. This is what is known as a hit and run. Under California state law drivers must stop immediately at the scene of an accident they were involved in, offer assistance if possible, and provide the other driver with their license and vehicle information.

There are a few types of hit and runs and depending on the details of the situation it can be charged as either a misdemeanor or felony.

A misdemeanor hit and run under vehicle code § 20001 occurs when the following is true.

• The defendant was involved in an accident while driving;
• The accident caused damage to someone else’s property;
• The defendant knew that they had been involved in an accident that caused damage;
• The defendant willfully failed to stop immediately at the scene or provide the owner of the damaged property with their name and other information

California Vehicle Code § 20002 can be charged as either a misdemeanor or felony. This crime occurs when:

• The defendant was involved in an accident while driving;
• The accident caused death or serious injury to another person;
• The defendant knew that they had been involved in an accident that caused death or injury;
• The defendant willfully failed to stop immediately at the scene or provide the owner of the damaged property with their name and other information

Leaving the scene of an accident without first stopping to provide assistance, check damage, and exchange contact information is a serious crime that can be met with various penalties.

What Are the Penalties for a Hit and Run in California?

The legal repercussions of leaving the scene of an accident are harsh in California. The severity will vary depending on the type of hit and run and whether it is charged as a misdemeanor or felony.

The misdemeanor penalties for a hit and run that only caused property damage include:

• Up to 6 months in country jail
• Fines of up to $1,000
• Restitution for property damage
• 2 points on the driving record

The misdemeanor penalties for a hit and run that caused injury or death include:

• Up to 1 year in jail
• Fines of $1,000 to $10,000
• Victim restitution
• 2 points on the driving record

The felony penalties for a hit and run include:

• 2, 3, or 4 years in state prison
• Fines of $1,000 to $10,000
• Victim restitution
• 2 points on the driving record

The penalties for a hit and run can be severe so it is always wise to stop at the scene of an accident. Work with an experienced attorney during your case.