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It can happen at any time. Maybe you do not catch it until you are waking up in the morning. Maybe you catch it just as you are leaving work. It is even possible that you are in the car when it happens: Another person’s car bumps into yours, and they speed off without a word.
This is called a “hit and run” collision. What do you do when it happens? How do you respond? What is the law? These questions and more are things you need to know. So, here are your answers.
The Law
The California state law defining a “hit and run” is California Vehicle Code § 20002. The text of this law codifies several things. First and foremost is the conduct of the person who was driving the car that hit another car. The law says that anyone who is driving a car and hits something should immediately stop and assess the damage.
What this means is that it is illegal to hit something and then drive away. Passersby, security cameras, and other means of security can help catch people in the act of driving away even if you are not there.
What a person should do in a situation like that is get out and identify themselves to the owner of the property that they damaged. At the very least they should leave a note with contact information. Failure to do either of these things is a misdemeanor crime.
Penalties for a Hit and Run
The penalties for failing to identify yourself to the owner of the property you collided with, whether through personal introduction or note, can be either or both six months in jail and a $1000 fine. You can also be placed on probation for up to three years. You, as the offender in this scenario, always has to pay damages.
Defenses to a Hit and Run
There are a few ways that someone accused of performing a hit and run can defend themselves in court. You are not guilty of a hit and run if you did not end up damaging the property you collided with. You are also not technically at fault if you left without realizing that an accident had happened at all (though this is rare).
The least common reason that you might not be at fault for a hit and run is if damage only occurred to your car, and not the property you collided with. This is not very common, but it does offer the defense that many lawyers will use: That the damage somehow existed before the hit and run took place.
If the damage cannot be conclusively proven to be caused by the hit and run, the judge presiding over the case may choose to lighten the sentence or declare you not guilty. Remember, however, that because the punishment for a misdemeanor hit and run is relatively light, judges tend towards being punished.
Here is a common trick that hit and runners will use: If the owner of the property they hit is not around when they hit it, they will write a note as the law directs them to. They will then use their phone to take a picture of the note to “prove” they did it. And then, they will take the note away and throw it in the trash.
The way this works is that if someone reports their hit and run and they have to show up in court, the hit and runner will have photographic evidence of leaving a note. They did not leave a note, but they can plausibly say they did and that the wind blew it away. It can be hard to call someone on this tactic since the wind is chaotic.
California Vehicle Code § 20001- Felony Hit and Run
This is a different, harsher law than the misdemeanor hit and run law, as rather than relating to hit and runs that damage property it relates to hit and runs that damage other human beings.
The circumstances described by the law are similar, but more strict: If you hit something and end up causing harm to another person, then it does not matter if you get out and leave a note. You are at fault no matter what. Getting out and leaving a note can help reduce your sentence, however.
In this case, short term harm (like pain and bruising) can only be punished by either or both a prison sentence of one year or less and a fine of at least $1000 and at most $10,000. Remember, if you do things like get out of the car and take accountability for your mistakes, this will go a long way in keeping the sentence low.
Matters are different if the collision results in the death or serious injury of another person. In that case, one year is the minimum recommended punishment (though a judge can recommend something lower, it is unlikely). The fine is also set at a minimum of $1000 and a maximum of $10,000 once again.
All of this is made worse if you do this, and then flee the scene afterwards. That means that the one year maximum if you injure someone and the one year minimum if you kill or seriously injure someone are both the punishments for if you do it at all. Leaving the scene afterwards is its own crime with its own punishment.
If you perform a hit and run that results in someone’s injury, serious injury, or death, and then flee the scene after, the resulting punishment is five years in state prison on top of whatever other punishment is prescribed.
What is one Required to do if They Hit Another Vehicle?
Imagine a scenario: You are trying to parallel park on a packed college campus when you suddenly feel your car bump up against the car behind you. You get out and find that you have scratched their bumper. And it is not a small scratch either. Their bumper is practically falling off. Well, that is unfortunate. What do you do?
What the law requires is that you first try to locate the owner of the other vehicle. You do not have to lose your mind trying to do this. It does not have to take more than a minute. The law does not state how much effort you need to put into finding the owner of the vehicle.
What it does state is that if you cannot find the owner of the vehicle, then you need to leave a note. This note needs to be left somewhere ”conspicuous”, meaning that it can be found easily. It also needs to be legible, meaning it can be read easily once it is found.
This note should have your phone number, your address and the circumstances of the accident. So, it should look something like, “I am John Doe, I live at 123 Fake Street, my number is 555-1234, I backed into your car.”
What does it mean to identify oneself?
It is almost always going to seem unnecessary to make an effort towards understanding what it means to identify yourself. After all, doesn’t that just mean you give your name and insurance information? Well, things are a bit more complicated when it is a traffic collision.
The first thing you need to know about identifying yourself in the context of a traffic collision is what it means to “admit fault”. Admitting fault means that you in some way indicate that it is your fault that the collision took place. Any lawyer on earth will tell you that you should only admit fault when there is no other option.
The reason for this is that the admission of fault can be used in court. If you admit fault, then you are taking responsibility for what took place. This is as important if you were the person who was hit as if you are the person who hit someone else.
If you were in a car that was not moving and you get hit by someone who was moving, getting out and reflexively saying, “I’m sorry,” can result in the person who hit you arguing, “They apologized for being parked wrong, which means they admit to being parked wrong, which means it was their fault I hit them.”
If you are in a collision, stop your vehicle, step out of it, and give your name and address. Give your license and car registration if they as you for it. Say as little as possible and remain as calm as you can.
This is the long and short of California’s hit and run laws. If you hit someone, indicate that you have done so, either verbally or with a note. If you are hit by someone else, do not apologize, and communicate as little as possible. But, of course, your first priority should be not to hit someone at all. So, drive safely.
