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Hit and Run Prosecution – California Vehicle Code 20001-20002

Hit and Run – Death or Serious Bodily Injury – Vehicle Code 20001

To prove that the defendant is guilty of a hit and run causing death or serious bodily injury, the prosecution must prove that:

  1. While driving, the defendant was involved in a vehicle accident;
  2. The accident caused (the death of/or permanent, serious injury to) someone else;
  3. The defendant knew that (he/she) had been involved in an accident that injured another person [or knew from the nature of the accident that it was probable that another person had been injured];

AND

  1. To stop immediately at the scene of the accident;
  2. To provide reasonable assistance to any person injured in the accident;
  3. To give to (the person struck/the driver or occupants of any vehicle collided with) or any peace officer at the scene of the accident all of the following information:
    • The defendant’s name and current residence address; AND
    • The registration number of the vehicle (he/she) was driving

      • If defendent was not the owner of the vehicle
      AND

    • The name and current residence address of the owner of the vehicle if the defendant is not the owner.

      • If occupants of defendant’s vehicle were injured
      AND

    • The names and current residential addresses of any occupants of the defendant’s vehicle who were injured in the accident.

      • AND

    • When requested, to show (his/her) driver’s license to (the person struck/the driver or occupants of any vehicle collided with or any peace officer) at the scene of the accident.

      • If accident caused death
      AND

    • The driver must, without unnecessary delay, notify either the police department of the city where the accident happened or the local headquarters of the California Highway Patrol if the accident happened in an unincorporated area.

Hit and Run – Property Damage – Vehicle Code 20002

To prove that the defendant is guilty of a hit and run causing property damage, the People must prove that:

  1. While driving, the defendant was involved in a vehicle accident;
  2. The accident caused damage to someone else’s property;
  3. The defendant knew that (he/she) had been involved in an accident that caused property damage [or knew from the nature of the accident that it was probable that property had been damaged];

AND

  1. 1. The defendant willfully failed to perform one or more of the following duties:
    1. To stop immediately at the scene of the accident;

      2. OR

    2. To provide the owner or person in control of the damaged property with (his/her) name and current residence address [and the name and address of the owner of the vehicle the defendant was driving].
    1. The driver may locate the owner or person in control of the damaged property and give that person the information directly. On request, the driver must also show that person his or her driver’s license and the vehicle registration;

      2. OR

    2. The driver may leave the required information in a written note in a conspicuous place on the vehicle or other damaged property. The driver must then also, without unnecessary delay, notify either the police department of the city where the accident happened or the local headquarters of the California Highway Patrol if the accident happened in an unincorporated area.

    2. The driver of a vehicle may provide the required information in one of two ways:

Additional Information:

Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.

The duty to stop immediately means that the driver must stop his or her vehicle as soon as reasonably possible under the circumstances.

To provide reasonable assistance means the driver must determine what assistance, if any, the injured person needs and make a reasonable effort to see that such assistance is provided, either by the driver or someone else. Reasonable assistance includes transporting anyone who has been injured for medical treatment, or arranging the transportation for such treatment, if it is apparent that treatment is necessary or if an injured person requests transportation. (The driver is not required to provide assistance that is unnecessary or that is already being provided by someone else. However, the requirement that the driver provide assistance is not excused merely because bystanders are on the scene or could provide assistance.)

A permanent, serious injury is one that permanently impairs the function or causes the loss of any organ or body part.

The driver of a vehicle must perform the duties listed in Vehicle Code Section 20003-20004 regardless of who was injured and regardless of how or why the accident happened. It does not matter if someone else caused the accident or if the accident was unavoidable.

If the accident caused the defendant to be unconscious or disabled so that (he/she) was not capable of performing the duties required by law, then (he/she) did not have to perform those duties at that time. However, (he/she) was required to do so as soon as reasonably possible