What You're Facing if Involved in a Fatal Hit and Run Accident?

Los Angeles County, where my primary practice is located, has a high number of hit-and-run cases. The police prioritize them based on the circumstances of the accident. Felony hit-and-run cases are defined under California Vehicle Code 20001 VC, and misdemeanor cases are defined under Vehicle Code 20002 VC.

Accidents involving only property damage are put in a massive stack with multiple detectives working on them. They sometimes take weeks and even months to investigate. On the other hand, cases involving death are prioritized and typically handled immediately. 

For example, I've had cases where an accident occurs, and my client flees the scene. Still, if somebody gets the license plate number, the police come out, and if somebody dies in a hit-and-run situation, the police will immediately start to search for whoever they believe is the driver of the car. 

For example, if they find a license plate, they'll determine the car's owner and send officers to attempt to apprehend that person.

I've had hit-and-run accidents where the person is in San Diego, but the accident occurs in Los Angeles. The LAPD will call the San Diego PD, and they will send someone right out to the person's home. They will contact the family, determine their location, and gather as much information as possible. They make hit-and-run accidents a high priority.

In this article, our Los Angeles criminal defense attorneys will examine this topic in further detail below.

Felony Hit and Run Law in California - Vehicle Code 20001 VC

Vehicle Code 20001 VC defines felony hit and run with injury and makes it a serious crime to leave the scene of an accident when somebody was injured or killed.  It doesn't matter if you were not at fault for causing the accident.

You may face criminal charges under VC 20001, a felony hit-and-run if someone else caused the collision and you fled the scene without reporting it.  Vehicle Code 20001 VC is defined as:

  • “Any driver of a vehicle involved in an accident resulting in injury or death to another person, other than themselves, must immediately stop the vehicle at the scene of the accident...”

The related statute is California Vehicle Code 20002, which defines the misdemeanor crime of hit-and-run. Under California law, drivers involved in an accident must stop their vehicles nearby and exchange contact and insurance information with the other parties involved.

Felony Hit and Run Law in California - Vehicle Code 20001 VC

Failure to stop at the scene of an accident is a crime. If the collision resulted in injuries or the death of another person, then failing to stop could be filed as a serious felony case under Vehicle Code 20001 VC.

If the collision only caused some property damage and no injuries, it would be considered a VC 20002 misdemeanor hit-and-run.  Some common examples of violations of VC 20001 felony hit and run charges causing death are:

  • Striking and killing a pedestrian at an intersection crosswalk and immediately fleeing the scene in their vehicle;
  • A driver under the influence was involved in a severe car accident that killed the other driver and fled the scene on foot.

To obtain a conviction for VC 20001 felony hit-and-run charges, the prosecutor must prove all the “elements of the crime” listed under CALCRIM 2140 Jury Instructions. 

What Are the Legal Penalties for a Fatal Hit and Run Conviction?

I don't think there's any way to sugar-coat what the person is facing. That person is facing prison time. The issue will be whether the prosecutors or police can prove that they were behind the wheel through witnesses, evidence, and an explanation of why the accident occurred. 

Sometimes, accidents are just accidents, and sometimes, the person who has been killed is at fault for the accident.  So, you have to evaluate that next. Finally, they will review the person's criminal record, their background, and their driving record. In my opinion, the most significant factor is who your attorney is.

California Vehicle Code 20001 is a “wobbler” that can be charged as a misdemeanor or felony crime.  Prosecutors have broad discretion in pursuing hit-and-run offenses.

If you are convicted of a felony hit-and-run, the penalties include a maximum punishment of four years in California state prison and a fine of up to $10,000. However, the judge has the discretion to impose felony probation instead of imprisonment.

What Are the Related Crimes?

What Are the Best Legal Defenses?

You need to find a great attorney who has the experience and has handled these cases before, achieving excellent results.  So, sometimes it's difficult to say exactly what your sentence will be with all these things swimming around. 

The bottom line is if you're involved in a hit-and-run accident, and somebody passes away, some statutes cover that situation – Penal Code sections, Vehicle Code sections – that allow the prosecutors to give multiple years in prison depending on a lot of those factors.

If you were charged with VC 20001 felony hit-and-run, we could use different strategies to obtain the best possible outcome, such as:

  • Insufficient evidence to obtain a conviction,
  • You waited at the scene,
  • You were not the driver,
  • It was not safe to stop at the scene of the accident,
  • False accusation.

In some borderline cases, it may be possible to have felony charges reduced to a misdemeanor or even have the case dismissed. Through pre-filing intervention, which involves negotiations with law enforcement and the District Attorney, we may be able to convince them not to file formal criminal charges in the first place, known as a “DA reject.”

Best Hit and Run Defense Lawyer in Los Angeles

So, if you or a loved one was involved in a hit-and-run accident and death occurred, you've come to the right place as far as seeking advice and help.  I've been doing this for 30 years. 

With over 30 years of experience, including work with the District Attorney's office and a Superior Court judge, I've been a criminal defense attorney defending individuals like you since 1994. 

I've handled thousands of hit-and-run accidents and multiple accidents involving death, and I know precisely what has to be done so that you can get the best result. We also know how to defend DUI defend DUI hit-and-run cases.

I encourage you not to take any action.  Pick up the phone.  We'll review everything in the privacy of my office, you'll retain me, and we'll begin developing a strategy for how we'll handle your case.  The Hedding Law Firm is based in Los Angeles County, and we offer a complimentary case review by phone or through our online contact form.

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