Hit & Run Prosecution – California Vehicle Section Code 20001-20002
To prove an accused guilty of a hit and run, the prosecution bears a significant evidentiary burden. The Los Angeles Hit and Run Defense Lawyers at Wallin & Klarich are well-versed and experienced with the prosecutorial burden in hit and run cases. Please contact our Los Angeles Hit and Run Defense Attorneys if you have any questions about the elements of the prosecution’s case.
Hit and Run: Death or Bodily Injury
To prove the accused guilty of a hit and run causing death or bodily injury, the prosecution must show:
- While driving, the defendant was involved in a vehicle accident;
- The accident caused the death or permanent serious injury of someone else; and
- 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.
In addition to the above three elements, the prosecutor must show that the defendant failed to perform one of the following duties:
- Stop immediately at the scene of the accident;
- To provide reasonable assistance to any person injured in the accident;
- To give to the person struck and/or the driver or occupants of the vehicle collided with or any peace officer at the scene of the accident the following information:
- The defendant’s name and current residential address; and
- The registration number of the vehicle he/she was driving.
If the defendant was not the owner of the vehicle, he/she must also provide:
- The name and current residential address of the owner of the vehicle.
If the occupants of defendant’s vehicle were injured, he/she must also provide:
- The names and current residential addresses of the occupants of defendant’s vehicle who were injured; and
- When requested, show his/her driver’s license to the person struck and/or the driver or occupants of the vehicle collided with or any peace officer at the scene of the accident.
If the accident caused death, he/she 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
To prove the accused guilty of a hit and run causing property damage, the prosecution must show:
- While driving, the defendant was involved in a vehicular accident;
- The accident caused damage to someone else’s property;
- 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
- The defendant willfully failed to perform one or more of the following duties:
- Stop immediately at the scene of the accident;
- Provide the owner or person in control of the damaged property with his/her name and current residential address and the name and address of the owner of the vehicle the defendant was driving;
- 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/her driver’s license and the vehicle registration; OR
- The driver may leave the required information in written note in a conspicuous place on the vehicle or other damaged property. The driver must 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.
The experienced, aggressive and effective team of Los Angeles Hit and Run Defense Lawyers at Wallin & Klarich can represent any defendant against any hit and run charge. With over 30 years of experience dealing with California Vehicle Code Section 20001/20001 charges, our Los Angeles Hit and Run Defense attorneys are here to work for you. Please call our offices at 1-888-749-0034 or submit the form at the top of this page to request our immediate assistance.
