Can I Be Charged With Hit and Run?

I am often asked about hit and run allegations. There are common misconceptions about the legal requirements to file a hit and run case against a person in Burbank (or Los Angeles County), and I wanted to review the most common issues which arise.

Vehicle Code section 20002 requires that a person "immediately" stop after being involved in a traffic collision. If you are involved in a traffic accident, you do not have the luxury of leaving and calling to report the incident the next morning because you were in a hurry, or you didn't think you were at fault. This is where many people with hit and run allegations run into problems. For example, driving away and returning even five minutes later is not deemed "immediate" enough by police, and will generally result in a hit and run report.

In many cases, the parties dispute the other's version of the events, and refuse to exchange information because of this. I have seen many incidents where this type of conduct resulted in a hit and run investigation. Exchanging information does not indicate that you were at fault, it is a legal requirement imposed by the legislature, which allows the insurance companies to sort it out.

In some cases, a person may not think he or she was involved in a collision. However, if you are accused of this, and leave the scene, law enforcement officers tend to believe the person at the scene making the report, not the person who left prior to speaking to officers. Thus, it is better to wait at the scene and indicate to the officer any concerns you might about fraud by the other party.

Slight damage of another's property can still result in hit and run charges. I have seen reports taken in these types of cases where the damage was less than $50. A technical violation will generally result in an investigation, even for a few small scratches.

In any event, if you have left the scene after a collision and did not properly exchange information, you will likely face accusations of hit and run. You may have options to help resolve the problem, however. You should promptly contact a hit and run defense attorney, before speaking to police, to determine your best solutions.