Los Angeles Hit and Run Defense Lawyer

What can you do to protect yourself if you are involved in a hit-and-run accident? This is the crucial question on most people's minds when they call me after being involved in a hit-and-run accident in Los Angeles and the San Fernando Valley.

The first thing I would suggest as a defense lawyer is to address the situation rather than burying your head in the sand and doing nothing. By not facing it, you exacerbate the situation. People get in accidents every day, and the police and prosecutors know that this is a fact of life in a busy metropolis like Los Angeles County. They cannot accept those who fail to meet their responsibilities.

So, my first piece of advice is to shift the tide in your favor by sitting down with an experienced criminal defense attorney who has traveled the road you are about to travel and has had success protecting their client's reputation, freedom, and criminal record. With over 25 years of practice, I can provide you with the relief and reassurance you need during this challenging time, ensuring you are not alone in this process.

If you believe that the prosecutors and police cannot prove that you were the car's driver at the time of the accident, then this is something you need to discuss with a solid defense attorney and decide your strategy moving forward. There is no set strategy in every hit-and-run case.

These are fluid situations that depend on how you proceed. I know that dealing with it yourself is not a good idea and can end in disaster for you and your family. Without proper legal representation, you could face severe penalties, including imprisonment and a criminal record. Ensure you have an attorney by your side to protect your rights and mitigate potential consequences.

In choosing the right attorney, you should sit down with the attorney face to face and get a feel of their “bedside manner,” so to speak. In other words, is this someone you want representing your interests with the judge and prosecutor? If you like them, the judge and prosecutor probably will. If they come across as abrasive or rude, they are likely to be that way in court. Like anything in life, there are both good and bad attorneys. Remember, you have the power to choose who represents you.

Last, I would ensure that the attorney you are considering hiring frequently appears in the courthouse where your case is pending. If they are available all the time, then they will know what to do, who to talk to, and how to achieve the best possible result for you. 

California Laws on Hit-and-Run Cases

If you have hit the property, the critical thing to do is ensure that the property owner is given your contact information, including your name, driver's license, and insurance details, before you leave the scene. Suppose someone is yelling, screaming, and threatening you at the scene of an accident. In that case, you can go for safety and immediately call 911, report the accident, and tell them you left the scene because the other party is a nut and you fear for your protection. The prosecutor will not prosecute this scenario because they are aware that you have a built-in defense.

According to California Vehicle Code § 20001, a driver who gets into an accident that results in injury or death must stop and meet specific requirements, such as exchanging information regarding name, insurance, and address. California Vehicle Code 20002 covers misdemeanor hit-and-run cases. If you fail to meet the requirements outlined in the vehicle code, you may be charged with a hit and run. Once found guilty of hit and run, clearing your criminal record without the services of a hit and run lawyer in Encino, CA, will be next to impossible. These laws are in place to ensure the safety and well-being of all parties involved in an accident.

To be found guilty of a hit and run, the burden of proof is on the prosecutor to prove beyond a reasonable doubt that you were involved in the accident, that you knew an accident occurred, that you knew someone was injured/killed, or that the accident was of such a nature that it would be probable that someone would be injured/killed; and that you failed to meet the requirements above.

Penalties for a hit-and-run conviction can be severe and include up to 9 years to life in prison, a felony charge, a $10,000 fine, revocation of your driver's license, impoundment of your vehicle, DMV (Department of Motor Vehicles) school, points on your DMV record, community service, probation, and a criminal record for life. These consequences underscore the importance of seeking legal representation to protect your rights and future.

Criminal Jury Instructions 2140 for Felony Hit-and-Run Cases

California Criminal Jury Instructions 2140 has to do with someone failing to perform a duty following an accident that causes death or injury. Of course, that duty will be to identify yourself and give your information. You cannot simply leave the scene of an accident, regardless of who is at fault. When it comes to these hit-and-run cases that cause injuries, this is very serious because this can take your driver's license away for a year or more.

As an experienced hit-and-run attorney, I've been doing this for twenty-five years, so I've had to battle these cases out in the jury trials across the San Fernando Valley. My role is to advocate for your rights, navigate the legal system on your behalf, and strive for the best possible outcome in your case.

Failure to Perform Duty After Accident

When it comes to this type of crime, the judge will instruct a jury by saying the defendant is charged with failing to perform a legal duty following a vehicle accident that caused death or injury to another person. This is a hit-and-run accident. To prove this crime, the prosecutors of the State of California will have to prove that (1) while driving, the defendant was involved in an accident. That can be an accident.

A person could be sitting at a red light waiting for it to change, and some dummy comes flying up behind him and hits him from behind. That person then panics and drives away, so even though that accident wasn't their fault, you still must stay there and exchange information with the other driver.

You can't just drive away; if someone gets seriously hurt, you could be held responsible. Once you have exchanged the necessary information, you may want to discuss your case with a criminal defense attorney to determine if you have a case worth pursuing.

Accident Causing Injury

The second element related to failure to perform a duty or a hit-and-run accident in the San Fernando Valley is the occurrence of some injury. Usually, when you're talking about Vehicle Code Sections 20001, 20003, and 20004, you're talking about a Vehicle Code Section where somebody has been injured.

It could be a permanent injury, a severe injury, or a fatal hit-and-run where someone was killed. So, that's one of the requirements to charge somebody with a felony. So, suppose the damage is not severe, and it's a bit of soft tissue injury. In that case, these jury instructions will not apply, and those Vehicle Code sections will not be used, because it will be a misdemeanor rather than a felony hit-and-run accident.

So, that's usually where the rub is. Sometimes, people claim injuries to get money, but the reality is they're not hurt that bad, and it's not fair to hold a defendant responding to a hit-and-run accident under these circumstances.  Just make sure to discuss your case with a hit-and-run lawyer to determine if the issue is worth pursuing.

Knowledge of Causing Injury

The third element that must be proven in a hit-and-run accident is that the defendant knew they had been involved in an accident that injured another person or learned from the accident that it was probable another person had been injured. This covers a lot because people often will somehow graze somebody, or maybe they do something crazy, or don't even touch anybody. Still, they cause an accident involving one or more vehicles.

Suppose the person knew or reasonably should have known, under the circumstances, that they caused an accident. In that case, they will have to stop, get out, and talk to the other party, exchange information, and, of course, try to help the person if they were involved in a horrible accident.

Now, there are arguments in these cases because many times, people say, 'I had no idea that I caused this type of injury to this person, and therefore, there's no way I should be held responsible for this.' So, this is one of the elements subject to attack and defense in hit-and-run cases.

Willfully Failing to Stop

The fourth element concerns the defendant's willful failure to perform one or more of the following duties: (1) You must stop at the accident scene immediately. If you don't stop and keep driving—I've had clients go two to three miles away and then come back—technically, that's a hit-and-run accident.

I wonder if the prosecutors will file that case if you come back. Other clients have gone the next day. Therefore, various scenarios can occur, but the bottom line is that you must stop at the accident scene and do so immediately. If you don't do that, technically, you will be in violation. The second requirement you have is to provide reasonable assistance to any injured person. So, if someone is lying on the ground, you must call 9-1-1.

You don't have to perform any medical procedures, but you may be able to help them off the street if they're hit by a car. In other words, if you get in an accident and someone is seriously hurt, you have to help them. You can't just leave them for dead because if you do that, the prosecutors and police, when they catch you, will charge you, and they're going to try to get punishment for that type of behavior.

You have to give the following information to the person who was struck or occupants, or any police officer at the accident scene. You must provide your name, current address, vehicle registration, and insurance information.

You have to provide them with some information so that, if it's your fault, they can obtain compensation for their injuries and their vehicle. Therefore, you must provide them with the information. You'll be charged with a hit-and-run if you don't do that.

One significant issue I notice is that people often hit a parked car in the middle of the night. What do you do then? The best course of action is to call 9-1-1. I hit a parked car. I feel bad. What do I do? Now you have it all documented. You're set.

Give the information. Another option, although somewhat risky, would be to leave all your data on a piece of paper—name, driver's license number, insurance information, and phone number—on a note and clip it to the person's window.

Technically, if they receive the note, you will have fulfilled our requirement, and they cannot hold you liable for a hit-and-run accident. Of course, this is dangerous because if the message somehow gets lost or they don't receive it, and then somebody reports a hit-and-run accident, you could be charged.

Difference Between a Felony and Misdemeanor Hit and Run

If you flee the scene of an accident in California, you can be charged with a hit and run, which carries harsh penalties depending on the facts of the incident. There are two statutes defining 'collision' and 'run,' and the primary difference between these two is the crucial factor of a victim's injuries.

Vehicle Code 20002 VC defines a misdemeanor hit-and-run case as the most common charge. Vehicle Code 20001 defines a felony hit-and-run case and requires that a victim sustained an injury. It should be noted that the level of damages is often debated in borderline cases. A VC 20002 felony case typically requires a severe injury, but there is no complex statutory definition of what exactly would qualify.

In some cases, a victim will claim they suffered a soft tissue injury, which should be charged as a VC 20001 misdemeanor hit and run because it's not typically considered severe.

In other cases, a victim suffered a severe injury, like a broken leg, and the driver immediately left the accident scene. In this scenario, they could be charged with the more serious felony crime of felony hit-and-run.

The crime of hit and run occurs the very moment when someone leaves the scene of an accident, regardless of who was at fault. Put simply, you are responsible for exchanging information or trying to help the other party. The following information, provided by our Los Angeles criminal defense lawyers, should help you better understand the laws.

Police Investigation of Hit and Run Cases

There are many hits and runs in Los Angeles County and the San Fernando Valley. People get into accidents and leave the scene. Sometimes, they get in an accident, and their car won't work, so they get out of their car and run away.

The police will follow up on that situation because they'll obtain the driver's license, determine who was driving the vehicle, and identify the car's registered owner. Then, they'll go to that person's house to find them.

If the other parties involved in the hit-and-run incident can identify the person, they'll obtain the registered owner of the car's driver's license and a photo taken with a Sound X device. Then, they will show the person the picture to see if they can identify the individual involved in the hit-and-run.

The Crucial Factor of Injuries in a Hit and Run Case

What determines whether an offense is a felony or a misdemeanor is the nature of the injury.  If there is no injury and only property damage, the case will typically be filed as a Vehicle Code 20002 VC misdemeanor. You still don't want a misdemeanor hit-and-run conviction on your record.

If the person claims they are injured, you could be charged with a Vehicle Code 20001 VC felony. If you're convicted of a felony hit and run in California, you're facing jail and prison time and a loss of your driver's license for one year. Any hit-and-run incident involving injury requires the DMV to suspend the driver's license for one year.

Suppose you get angry at someone on the road, and it escalates beyond a hit-and-run; for example, you intentionally ram someone or hit someone on the road. In that case, you could also be charged with assault with a deadly weapon, Penal Code Section 245(a)(1). In that scenario, you will lose your license for life if you get convicted of that type of crime.

Hit-and-run Run Warrants

This gives you an idea of how severe hit-and-run cases are. Many people are involved in them, and numerous individuals have outstanding warrants for their arrest. There are so many hit-and-run accidents in Los Angeles County that the police lack the necessary personnel to follow up on every situation effectively.

So, many times, people will have that on their record, but they'll still be walking around, working, and going home every day, looking over their shoulder, and eventually, the police will come by.

Usually, they like to come by on holidays, and they arrest the person. They put them in jail, and then the person will have to face that hit-and-run charge. Alternatively, the person may simply get pulled over and face the hit-and-run charge.

What are the Related Crimes?

Depending on the circumstances of the accident, you may be charged with other crimes in addition to the hit and run itself. The related offenses might include:

  • Vehicle Code 23152 VC – driving under the influence,
  • Vehicle Code 23153 VC – driving under the influence causing injury,
  • Vehicle Code 23103 VC – reckless driving,
  • Vehicle Code 14601 VC – driving with a suspended license,
  • Vehicle Code 2800.1 VC – evading the police in a vehicle,
  • Penal Code 192(c) PC – vehicular manslaughter,
  • Penal Code 191.5 PC – gross vehicular manslaughter while intoxicated,
  • Penal Code 187 PC – DUI Watson murder.

What are the Best Defense Strategies?

So, I think the bottom line is if you or a loved one is charged with hit and run in Los Angeles County or the San Fernando Valley, there are effective ways to deal with it. There are ways to keep out of jail and salvage your driving record. There are a lot of factors that have to be considered:

  • Did you have insurance at the time?
  • Did you have a valid driver's license at the time?

If you did both of these things, you'd be in a fairly good position, as you could take care of the other driver, and we could demonstrate to the judge and the prosecutor that you were a responsible driver.

You might have made a mistake. There are various reasons why people get involved in hit-and-run accidents. But the bottom line is, if you get charged with a felony because somebody gets hurt, you're facing prison time.

Even if you get charged with a misdemeanor, you face jail time. So, take these hit-and-run cases seriously. They are easy to deal with. I've successfully removed bench warrants from the system and put people back in a solid position.  Don't let a warrant for a hit-and-run case haunt you.  Deal with it. We also know how to defend DUI bestdefend DUI hit-and-run cases.

Pick up the phone. Make the call. Ask for a meeting with Ron Hedding. I've been handling these cases for nearly 30 years. I know every angle, having worked for the DA's office early in my career.  I also worked for a Superior Court Judge and then became a criminal defense attorney, a role I have held since 1994.

Working for the judge and prosecutors gave me insight into how they perceive these cases. Of course, defending people like you has given me a fairly good roadmap for dealing with them effectively. Hedding Law Firm is located in Los Angeles.

Contact a Hit-and-Run Defense Attorney

I've been handling hit-and-run accidents for twenty-five years. We invite you in, review everything, and then design the best plan for you, your life, your reputation, your freedom, and everything necessary. At the Hedding Law Firm, we understand the seriousness of a hit-and-run charge and do everything possible to achieve the best possible results for our clients, including a dismissal or a reduced charge.

Our criminal defense lawyers have a combined 75 years of experience and possess the necessary skill and knowledge to aggressively and efficiently advocate for you in court. Call to set up an appointment with a hit-and-run lawyer. We offer a free consultation.

Related Content: