You Could Face Serious Charges for Leaving the Scene of an Accident in California

Many drivers are unaware that in California, you can face serious hit-and-run charges even if an accident isn’t your fault. Understanding your legal obligations as a driver is crucial to avoid severe consequences like criminal charges, loss of professional licenses, and even jail time.

Here’s a breakdown of common misunderstandings, your duties, potential defenses, and critical tips to stay out of trouble:

Common Misunderstandings Leading to Hit-and-Run Charges:

• Lack of Legal Understanding: Many drivers simply don’t know their duties after an accident, which include stopping, checking for injuries, rendering aid, exchanging information, and sometimes reporting to authorities.
• Miscommunication: Thinking the other driver left first, or believing “no harm, no foul” if they drive off. Even if the other party leaves, you still have a duty to report if there’s damage or injury.
• Unawareness of Damage: Assuming minimal damage means no report is necessary. If a reasonable person would have known damage occurred, you’re liable.
• Fear/Danger: Leaving due to an aggressive or scary other driver. While understandable, your next steps still matter.
• Confusion on Reporting: Not knowing who to report to, especially in rural areas or if public property is damaged. Always report to police or CHP if unsure.
• Mental Health Issues: Anxiety or panic attacks causing a brief departure, even if you return, can still lead to charges.

Your Legal Duties as a California Driver:

If you’re involved in an accident that causes property damage or bodily injury, you must:

1. Stop Immediately: At the scene of the accident.
2. Check for Injuries & Render Aid: Provide reasonable assistance or summon help for anyone injured.
3. Provide Information: Exchange your name, address, and vehicle owner’s information with the other party, or leave it conspicuously if the owner isn’t present.
4. Notify Police/CHP: If the accident occurs in a remote or unincorporated area, or if necessary.

Crucially, these duties apply whether you are AT FAULT or not.

Possible Defenses if Accused:

Experienced legal counsel can explore defenses such as:

• No Knowledge of Damage/Injury: Arguing that a reasonable person wouldn’t have known about the damage or injury.
• Compliance/Mistake of Fact: Demonstrating you complied with the law, or reasonably (but mistakenly) believed you did.
• Necessity: Arguing it was necessary to leave the scene due to immediate danger (e.g., an aggressive individual).
• Unconscious Driver: If you were unconscious due to the accident and complied as soon as you regained consciousness.
• Mental Health Diversion: For those with qualifying mental health diagnoses, a treatment program can lead to dismissal.
• Civil Compromise: In misdemeanor cases, compensating the victim for damages can lead to case dismissal if the victim is made whole.
• Misdemeanor Diversion: For first-time misdemeanor offenders, allowing for dismissal after a period of supervision and compliance.

Essential Tips to Stay Out of Trouble:

1. Never Report Your Vehicle Stolen: This leads to felony charges for false reporting and conspiracy, escalating your legal problems.
2. Don’t File False Insurance Claims: Lying to your insurance company about the accident is a felony.
3. Do Not Return to the Scene: Going back for “investigation” provides police with crucial evidence to link you to the car as the driver. Don’t help them build a case.
4. Cooperate with Your Insurance Company: Failure to do so can void your coverage, leaving you financially responsible for damages.
5. Don’t Involve Loved Ones in a Cover-Up: Asking family or friends to hide or repair your car, or lie for you, exposes them to serious charges like conspiracy or being an accessory after the fact.
6. Get an Attorney IMMEDIATELY: If you’re involved in a hit-and-run, contact an experienced criminal defense lawyer specializing in these cases. Do not speak to police without legal counsel.

By understanding these duties and pitfalls, you can significantly improve your legal situation and protect your future after an accident.