Hit and Run Accidents in Los Angeles

A hit and run in Los Angeles, as in most jurisdictions, involves a driver being involved in an accident with another vehicle, a pedestrian, or a fixed object, and then leaving the scene without identifying themselves to the other party or parties involved, or without waiting for the police to arrive. This applies regardless of whether the accident caused property damage, injury, or death.

California law requires all drivers involved in an accident to stop, provide their information (including name, address, and registration number of the vehicle), and offer assistance to any injured persons. Failing to meet these requirements can result in misdemeanor or felony charges, depending on the severity of the accident and injuries involved.

Misdemeanor hit and run

In California, a misdemeanor hit and run involves leaving the scene of an accident without first providing contact information to the other party or parties involved, when the accident has resulted in damage to any property other than the vehicle driven by the person committing the hit and run. This typically involves situations where there are no injuries to any person, only property damage.

Key requirements for drivers in such incidents under California Vehicle Code 20002 include:

• Stop immediately at the nearest location that will not block traffic or jeopardize the safety of other motorists
• Locate and notify the owner of the damaged property to provide one’s name and address, and if requested, showing the driver’s license and vehicle registration.
• Leave a note in a conspicuous place at the scene of the accident with contact information and a summary of what happened if the property owner is not present
• Report the accident to the police or the California Highway Patrol without unnecessary delay if the property damage is significant

Failure to comply with these requirements is considered a misdemeanor hit and run, which can result in fines, probation, and/or imprisonment, as well as points on the driver’s license and potential increases in auto insurance premiums.

Felony hit and run

In California, a hit and run becomes a felony when the incident involves injury or death to someone other than the driver who flees the scene as provided by California Vehicle Code 20001.

For an incident to qualify as a felony hit and run, the following conditions must be met:

• The driver leaves the scene of an accident without stopping to provide assistance or exchange information.
• The accident results in injury or death to another party.

The law requires that in any accident resulting in injury or death, the involved drivers must:

• Immediately stop at the scene.
• Provide their contact information to the other involved parties.
• Render aid to injured individuals, which may include calling for emergency services.
• Notify the police about the accident.

If a driver fails to meet these obligations and someone was injured or killed, the offense can be charged as a felony. Penalties for felony hit and run can include significant fines, restitution to the victims, and imprisonment in state prison. The severity of the penalties often depends on the extent of the injuries caused and the circumstances surrounding the incident.

Is it ever legal to leave the scene of an accident in California?

In California, the law generally requires all drivers involved in an accident to stop at the scene, provide their information, and offer assistance if necessary. However, there are a few circumstances under which a person might legally leave the scene of an accident, such as:

• Immediate medical emergency: If staying at the scene poses an immediate risk to life—such as needing urgent medical care for yourself or a passenger—you might leave to seek emergency medical help. However, you are still required to report the accident to the authorities as soon as possible.
• Safety concerns: If stopping at or near the scene of the accident could lead to further accidents or if there are threats to personal safety from other individuals), it might be permissible to move to a nearby, safer location. You should still remain close to the accident site and inform the authorities immediately.

In any scenario where you leave the scene for valid reasons, it is crucial to communicate with law enforcement as quickly as possible to explain the situation and provide all required details about the accident. Failure to report an accident or to provide necessary information can still lead to charges of hit and run, even if there was a legitimate reason to leave the scene.

How can I recover damages in a hit and run accident in Los Angeles?

Recovering damages after being hit by a hit and run driver in Los Angeles can be challenging. However, there are several steps you can take to improve your chances of receiving compensation:

• Report the accident immediately: Contact the police as soon as possible to file a report. This is crucial, as a police report provides an official record of the incident and can be essential for insurance claims.
• Gather evidence: Collect as much information as you can from the scene, including photos of your vehicle’s damage, any other property damage, and the accident scene, including any debris, skid marks, or relevant road and weather conditions. If you can, obtain statements and contact information from witnesses.
• Seek medical attention: If you are injured, get medical treatment promptly. Medical records will be vital in documenting your injuries and supporting your claim for damages.
• Notify your insurance company: Tell your insurer about the hit and run as soon as possible. Based on your policy, you may have coverage under:
  • Uninsured motorist bodily injury (UMBI): Can cover medical expenses, lost wages, and pain and suffering if you or your passengers are injured
  • Uninsured motorist property damage (UMPD) or collision coverage: Can cover damage to your car—UMPD might have a lower deductible or none at all compared to collision coverage.
• Keep records: Maintain detailed records of all expenses related to the accident, including medical bills, repair bills, and any other costs incurred due to the accident.
• Victim compensation programs: If the driver is not identified and you have insufficient insurance coverage, you might be eligible for compensation through California’s Victim Compensation Program, which can help cover costs like medical expenses, income loss, and funeral expenses.

Consider consulting with a Los Angeles personal injury attorney experienced in hit and run accidents. They can provide guidance on your legal rights, help in investigating the incident, and represent you in negotiations with insurance companies or in court, if necessary.

If you were involved in a hit and run accident, you need skilled, aggressive counsel. McNicholas & McNicholas, LLP is here to help. To schedule a consultation with an experienced injury attorney in Los Angeles, call us in Westwood or fill out our contact form today.