California Hit & Run Attorneys

Hit and Run Defenses – California Vehicle Code 20001-20002

No Accident
There needs to be an accident for a hit and run to occur. If an accident did not occur, this can be used as a defense to the charges under Vehicle Code Section 20001 and 20002.

No Death/Serious Injury Occurred
The defendant cannot be convicted under California Vehicle Code Section 20001 if there was no death or serious injury to someone else. If charged, the defendant can raise the defense that no death or serious injury occurred to someone else. However, the defendant may still be charged with hit and run with damage to property under California Vehicle Code Section 20002.

No Damage to Property
The defendant cannot be convicted under California Vehicle Code Section 20002 if there was no damage to someone else’s property. For example, if you are charged for hit and run causing damage to property, but your accuser’s vehicle has no signs of damage upon inspection, you can use this as a defense to have your case dismissed or be acquitted in trial.

No Knowledge of Injury
Not having knowledge that there was a death or injury in a hit and run case is a viable defense to a charge under Vehicle Code 20001. The defendant can also claim a lack of knowledge of another’s injuries if it was not probable, under the circumstances, that another person had been injured.

No Knowledge of Property Damage
As with death/injury in a hit and run case, if the defendant did not have knowledge of property damage occurring, it can be used as a defense against the charge of hit and run causing property damage under Vehicle Code Section 20002.

Did Not Willfully Fail to Stop
The defendant can claim he or she did not willfully fail to stop as a defense to the charges. For example, the defendant is caught up in a road rage incident because he/she cut in front of another driver. The other driver pulls up to the defendant and starts cursing and threatening to kill the defendant. The upset driver then suddenly cuts in front of the defendant causing the defendant to rear end him/her. The defendant has reason to fear for his/her safety because he/she had just been threatened and decides not to stop. This can be a defense as to why the defendant did not stop. However, the defendant should notify authorities of the accident without unnecessary delay.

Could Not Give Reasonable Assistance
Not being able to give reasonable assistance is a viable defense for the defendant charged with a hit and run causing death/injury. For example, the defendant is driving and causes an accident that injures the other driver. Upon the collision, the defendant is knocked unconscious. The defendant cannot reasonably assist the other driver in this example.

Defendant Was Not the One Driving
The defendant cannot be charged under Vehicle Code 20001/20002 if the defendant was not the person driving the vehicle at the time of the accident.