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Fleeing the Scene of an Accident in California: Complete Guide

a young woman by a wrecked car in hedge
Reading Time: 12 min read

Fleeing the scene of an accident in California is not only a criminal offense but a serious violation of state law that can carry long-term consequences. At Feher Law, we regularly help individuals understand their rights and obligations after a hit-and-run accident, whether they were harmed or are facing potential legal exposure.

If you or a loved one were involved in a hit-and-run accident, getting legal guidance early can make a critical difference.

Call (866) 646-6676 to speak with a California car accident lawyer at Feher Law and learn how we can help protect your rights and pursue the best possible outcome.

What is considered fleeing the scene of an accident?

In California, fleeing the scene of an accident, commonly known as a hit-and-run accident, means leaving the site of a collision without stopping to provide your information to the other parties involved or to law enforcement.

Various scenarios constitute fleeing the scene:

  • Hitting a parked car and driving away without leaving your contact information.
  • Leaving an accident where there are injuries without offering help or waiting for law enforcement.
  • Colliding with public or private property (like a street sign, guardrail, fence, or mailbox) and not reporting the incident.
  • Being involved in a multi-vehicle collision and not providing your information to all involved parties or law enforcement. 
  • Hitting a pedestrian or cyclist and driving away without checking on their condition and providing your information.

All these situations are treated as serious offenses in California, with significant penalties that can include fines, imprisonment, and suspension of your driver’s license.

If you believe you’re the victim of a hit-and-run incident in California, contact our San Bernardino car accident lawyers for expert legal advice

reach out to our car accident lawyer if you're the victim of a hit-and-run

What California law says about fleeing an accident

In California, hit-and-run incidents are governed by specific sections of the California Vehicle Code (CVC). The two primary sections related to hit-and-run incidents are Vehicle Code 20001 and Vehicle Code 20002.

Vehicle Code 20001 (CVC 20001)

This code addresses hit-and-run incidents that result in injury or death. The key points of CVC 20001 are as follows:

  1. Obligation to Stop: Drivers involved in an accident that results in injury must immediately stop at the scene of the accident.
  2. Exchange Information: Drivers are required to provide their name, address, and vehicle registration number to the other party involved. If requested, they must also show their driver’s license.
  3. Provide Aid: Drivers must render reasonable assistance to any injured persons. This includes transporting or arranging transportation to a medical facility if it is apparent that treatment is needed or if the injured person requests it.
  4. Reporting to Authorities: In cases where the accident results in death or serious injury, the driver must report the accident to the California Highway Patrol or the local police department.

Failure to comply with these requirements can result in severe penalties, including imprisonment, fines, and suspension of driving privileges.

Vehicle Code 20002 (CVC 20002)

CVC 20002 pertains to hit-and-run incidents that involve property damage only, with the key points being:

  1. Obligation to Stop: Drivers involved in an accident that causes damage to any property, including vehicles, must immediately stop at the nearest location that does not impede traffic or jeopardize the safety of others.
  2. Exchange Information: Drivers must provide their name, address, and vehicle registration number to the owner or person in charge of the damaged property. If the property owner is not present, the driver must leave a written notice with this information in a conspicuous place on the damaged property and notify the police or the California Highway Patrol.
  3. Reporting to Authorities: If the accident results in property damage exceeding $1,000, it must be reported to the Department of Motor Vehicles (DMV) within 10 days.

Failure to comply with these requirements can result in misdemeanor charges, fines, and potential imprisonment.

General legal requirements for drivers involved in an accident

Regardless of the severity of the accident, California law mandates the following actions for drivers:

  1. Stop Immediately: Always stop at the scene of the accident. Failure to stop can lead to criminal charges.
  2. Exchange Information: Share your name, address, and vehicle registration number with the other party involved. Show your driver’s license upon request.
  3. Provide Aid: Offer reasonable assistance to any injured persons. This may include calling emergency services or arranging for transportation to a medical facility.
  4. Report the Accident: For accidents involving injury, death, or significant property damage, report the incident to the appropriate authorities and the DMV as required.

Complying with these legal requirements ensures that drivers fulfill their responsibilities and avoid severe legal consequences.

Criminal vs. Civil Hit-and-Run Cases in California 

Hit-and-run incidents in California can lead to both criminal and civil cases, which serve different legal purposes. A criminal case is filed by the state to penalize violations of the law, while a civil case is filed by the victim to seek financial compensation. These cases are independent, meaning one may proceed even if the other does not.

A victim may pursue compensation even if the driver is never arrested or criminal charges are not filed. Likewise, a driver may avoid criminal conviction but still be held financially responsible in a civil claim. 

Criminal Case Civil Case
Filed by the state or prosecutor Filed by the injured victim
Focuses on punishment and public safety Focuses on financial compensation
May result in fines, jail or prison time, probation, and license suspension May result in compensation for medical bills, lost wages, pain and suffering, and property damage
Requires proof beyond a reasonable doubt Requires proof by a preponderance of the evidence
Does not directly compensate the victim (except restitution in some cases) Primary purpose is to compensate the victim
Can proceed even if the victim does not file a lawsuit Can proceed even if no criminal charges are filed

Understanding this distinction helps victims make informed decisions about protecting their rights after a hit-and-run accident. It also explains why speaking with an experienced accident attorney can be important even when criminal charges are uncertain. 

Legal and personal ramifications of fleeing an accident scene

Legal defenses against hit-and-run charges

Legally, a hit-and-run constitutes a serious offense under state law, punishable by substantial penalties. These include criminal charges like fines ranging from hundreds to thousands of dollars, potential imprisonment for up to several years, and the revocation of driving privileges, especially in cases involving injuries or fatalities. 

From a personal perspective, fleeing an accident scene can have lasting repercussions. It often leads to increased insurance premiums due to the label of high-risk behavior.

Moreover, a hit-and-run offense tarnishes one’s reputation, affecting both personal and professional relationships. The guilt and shame associated with leaving the scene of an accident can also take a significant toll on the individual’s mental and emotional well-being.

Ethically, failing to stop and provide assistance violates fundamental principles of responsibility and compassion. It disregards the potential need for urgent medical aid to injured parties and undermines community trust.

Socially, individuals convicted of such an offense may face stigma and social alienation, impacting their standing within their communities.

A Torrance car accident lawyer from our firm can help you with your next steps after the negligent party has fled the scene.

call our lawyers if you the person hit you fled the scene

How police catch hit-and-run drivers in California

Fleeing the scene of an accident does not mean the incident will go unresolved. In many hit-and-run cases, law enforcement identifies the responsible driver using a combination of witness statements, technology, and physical evidence. Speaking with an experienced accident attorney early can be critical to protecting your rights.

Common ways police identify hit-and-run drivers include:

  • Eyewitness statements, where bystanders provide details about the vehicle, driver, direction of travel, or even a partial license plate number.
  • Traffic and intersection cameras that capture collisions or fleeing vehicles on city streets and highways.
  • Business and residential surveillance footage, which often records vehicles entering or leaving the area around the time of the accident.
  • Dashcam recordings from the victim or nearby drivers that may clearly show the crash or the fleeing vehicle’s license plate number.
  • Physical evidence at the scene, such as broken mirrors, bumpers, debris, or paint transfer that can help identify the vehicle involved.
  • License plate recognition technology used by law enforcement to track vehicles associated with a hit and run.
  • Auto repair shop reports, where suspicious vehicle damage consistent with a recent accident raises red flags.
  • Public tips and anonymous reports from individuals who recognize a damaged vehicle or recall witnessing the crash.
  • Social media activity or online admissions that inadvertently link a driver to the accident.
  • Self-reporting, when a driver turns themselves in due to guilt, fear of legal consequences, or after consulting an accident attorney.

If you were injured by a driver who fled the scene, an experienced accident attorney can help you gather evidence, work with investigators, and pursue compensation even if the hit-and-run driver has not yet been identified.

Types of hit-and-run offenses

Hit-and-run offenses encompass a range of actions that involve leaving the scene of a crash without fulfilling legal obligations. These offenses vary from cases where only property damage is involved to incidents resulting in injury or even death.

Misdemeanor (property damage only)

Property damage in the context of a hit-and-run accident refers to any harm caused to vehicles, structures, or other personal property. This can include scenarios where a driver collides with a parked car, crashes into a fence, or damages someone’s mailbox and then leaves the scene without fulfilling their legal obligations.

Under California law, failing to stop and provide information after causing property damage is considered a misdemeanor offense. The penalties for misdemeanor hit-and-run involving only property damage may include:

  • Fines: Up to $1,000.
  • Imprisonment: Up to 6 months in county jail.
  • Probation: Possible probation period.
  • Restitution: Payment for the damage caused to the property.
  • Record: A misdemeanor conviction.

Injury or death

Incidents that result in serious injuries or fatalities are among the most serious offenses under California law, carrying severe legal and ethical implications.

When an accident involves injury to another person and the driver fails to stop and provide assistance, it is typically charged as a felony hit-and-run. The related penalties may include:

  • Fines: $1,000 to $10,000.
  • Imprisonment: Up to 1 year in county jail or 2 to 4 years in state prison if the accident results in death or serious injury.
  • Probation: Possible probation period with conditions
  • Restitution: Payment for medical expenses, lost wages, and other damages to the victim
  • Record: A felony conviction will appear on your criminal record and can have long-lasting effects on your personal and professional life.
  • License Suspension: The DMV may suspend or revoke your license depending on the circumstances.

Penalties for repeat hit-and-run offenders in California

Penalties for fleeing the scene of an accident become significantly more severe when a driver has prior hit-and-run convictions. California courts consider repeat offenses a sign of reckless disregard for public safety, often resulting in enhanced criminal penalties and longer-lasting consequences.

For repeat hit-and-run offenders, penalties may include:

  • Higher fines beyond the standard misdemeanor or felony ranges
  • Longer jail or prison sentences, including reduced eligibility for alternative sentencing
  • Felony charges even in cases that might otherwise be prosecuted as misdemeanors
  • Extended probation terms with stricter conditions
  • Mandatory restitution covering property damage, medical costs, and lost wages
  • Driver’s license suspension or revocation, with longer reinstatement periods
  • Court-ordered programs, such as traffic safety or substance abuse counseling if applicable

Prior convictions—especially those involving DUI, reckless driving, or serious injury—can heavily influence how prosecutors charge a case and how judges impose sentencing.

If you are facing allegations related to a repeat hit-and-run offense, speaking with an experienced accident attorney as early as possible is critical to understanding your exposure and protecting your legal rights.

California hit-and-run statistics

Between 2012 and 2021, the number of fatal hit-and-run incidents in California saw a significant increase, rising from 1,469 in 2012 to 2,783 in 2021.

This represents an 89.4% increase over the decade. Nationally, there were a total of 19,522 fatal hit-and-run incidents recorded during this period in the United States.

Statute of limitations for hit-and-run cases in California

The California car accident statute of limitations for a hit-and-run is six years. This specifies the timeframe within which charges must be filed against a driver who has fled the scene of an accident.

This six-year window allows law enforcement and prosecutors ample time to gather evidence and build a case against the offending driver. If charges are not filed within this period, the driver cannot be prosecuted for the hit-and-run incident.

Understanding the legal timelines and processes, such as “how long does a car accident settlement take in California,” can provide insight into the complexities of resolving such incidents legally.

Legal defenses against hit-and-run charges

Facing hit-and-run charges in California can be scary, but there are several legal defenses that can potentially mitigate or dismiss these charges.

Lack of knowledge of the accident

One possible defense is demonstrating that they were unaware an accident had occurred. This defense can be effective if, for example, the accident was minor and occurred in an area with heavy traffic or distractions, making it plausible that the offender didn’t realize the collision had happened.

However, proving a lack of knowledge typically requires strong supporting evidence, such as witness testimony or forensic analysis.

Emergency situations

For instance, if the defendant was rushing a critically injured person to the hospital or seeking immediate help in a dangerous situation, this can potentially justify their actions. It’s essential to establish that their decision to leave was solely to address the emergency and not to avoid responsibility.

Mistaken identity

This could happen if there was confusion about vehicle descriptions, witnesses’ testimonies, or if someone else had access to the defendant’s vehicle at the time of the accident. Clear alibi evidence or contradictory witness statements can support this defense.

Steps to take if the negligent party fled the scene of an accident

  1. Stay Calm and Assess the Situation: Immediately after realizing they fled the scene, stay calm and assess the situation objectively. Ensure your safety and that of others around you.
  2. Consult with a Lawyer: Seek legal advice promptly. A personal injury lawyer from our firm can provide guidance on how to proceed. Discuss the details of the accident and any concerns you may have about potential legal consequences.
  3. Collect and Document Information: Gather all relevant information about the accident, including the location, time, and any details you remember. If possible, document the damage caused and any injuries that may have occurred.
  4. Cooperate with Law Enforcement: Report the incident to the authorities and cooperate fully with law enforcement officers. Provide a truthful account of what happened and adhere to any legal procedures or requirements.
  5. Prepare for Legal Proceedings: Be prepared for legal proceedings, including court appearances and potential negotiations. Work closely with your lawyer to build a strong claim. Understanding how much can someone sue for in a car accident in California can help you gauge potential financial impacts.
  6. Follow Legal Counsel’s Advice: Throughout the process, continue to follow the advice and instructions of your attorney. Stay informed about developments in your case and be prepared to comply with court orders or agreements.

While the steps above outline what to do, timing matters just as much as action after a hit-and-run accident. Certain steps must be taken quickly to preserve evidence, comply with insurance requirements, and protect your legal rights. The table below highlights when each action should be prioritized and why it matters. 

Hit-and-Run Action Timeline

When to Act Action Why It Matters
Immediately Ensure safety and call 911 if needed Creates an official record and protects lives
Same day Report the accident to police Required for insurance and UM/UIM claims
Within hours Document damage, debris, and surroundings Evidence can disappear quickly
24–48 hours Seek medical evaluation Links injuries directly to the accident
Within days Notify your insurance company Late reporting can result in denied claims
As soon as possible Consult a personal injury lawyer Helps protect rights and maximize recovery

How Victims Can Recover Compensation After a Hit-and-Run in California

Being injured in a hit-and-run accident does not automatically mean you are left without compensation. Even if the at-fault driver is never identified, California law and insurance coverage may still provide options for financial recovery. 

Common ways hit-and-run victims may recover compensation include:

  • Uninsured Motorist (UM/UIM) coverage for medical bills, lost wages, and pain and suffering
  • Collision coverage for vehicle repairs regardless of fault
  • Medical Payments (MedPay) coverage for immediate treatment costs
  • Court-ordered restitution if the hit-and-run driver is later identified
  • Civil claims if the responsible driver is eventually located

Insurance claims are subject to strict reporting deadlines, and delays can limit or deny coverage. An experienced accident attorney can help protect your rights and pursue all available compensation after a hit-and-run accident.

Involved in a Hit-and-Run in CA? Get in Touch Today

Leaving an accident scene in California can expose drivers to serious legal and financial consequences, including criminal charges, license suspension, and potential jail time of up to six months in jail for certain offenses. For victims, a hit-and-run can create confusion about rights, insurance coverage, and next steps.

This guide covered what matters most, including:

  • What California law requires after an accident
  • How police identify hit-and-run drivers
  • The penalties drivers may face
  • How victims can protect their rights and seek compensation

If you were involved in a hit-and-run—whether as a victim or facing legal concerns—don’t wait. Call Feher Law today to schedule a free consultation and get clear guidance on your options and next steps.

Call (866) 646-6676

FAQs

No, under California law, all parties, regardless of whether they caused the accident or not, must stop immediately at the scene. They must exchange contact information, driver's license details, and insurance information with other involved parties. If necessary, they must provide reasonable assistance to anyone injured in the accident. 

Insurance coverage is contingent upon fulfilling legal obligations. Leaving the scene of an accident violates the terms of most insurance policies, which typically require drivers to report accidents promptly and cooperate with authorities. Fleeing the scene can lead to insurance claims being denied, leaving the driver personally liable for damages.

Law enforcement agencies have various methods to identify and apprehend individuals who flee the scene of an accident. These methods include collecting witness statements, reviewing surveillance footage from nearby cameras, tracing the vehicle license place or registration records, and analyzing forensic evidence left at the scene. Prompt reporting of accidents and information is key.

Yes, fleeing the scene of an accident can result in felony charges in the state of California, especially if the accident involves injury or death to another person. Felony hit-and-run charges carry severe legal consequences, including substantial fines, lengthy imprisonment, and the potential loss of driving privileges. 

No, leaving the scene of an accident does not automatically mean a driver is legally at fault for causing the crash, but it can significantly impact the case. Fleeing the scene is a separate legal violation in California and may weaken the driver’s credibility, lead to criminal charges, affect insurance coverage, and influence how fault is evaluated in civil and insurance claims. 

Failing to stop after being involved in an accident in California can result in serious legal and financial consequences, even if you were not at fault. Depending on the circumstances, a driver may face misdemeanor or felony charges, fines, jail or prison time, driver’s license suspension, civil liability for damages, and possible denial of insurance coverage.

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