Hit and Run (Resulting in Property Damage)—Vehicle Code 20002

EL CAJON HIT AND RUN ATTORNEY

California Hit and Run laws are divided into two general categories:

1) accidents resulting in bodily injury or death, and

2) accidents resulting only in property damage.

In either situation, the law requires people involved to take certain acts after the accident. Failure to take these steps results in being charged with the crime called Hit and Run. In this article, we explain the laws related to a Hit and Run resulting in property damage.

What is a Hit and Run Resulting in Property Damage?

Pursuant to Vehicle Code § 20002(a) and the California Criminal Jury Instructions, if you were driving a vehicle and involved in an accident resulting only in damage to property (including vehicles), then you must:

  1. Immediately stop at the nearest location that will not impede traffic or jeopardize the safety of others, and
  2. Provide the owner of the damaged property your name and current residence address (and, if you do not own the car you were driving, the name and address of the owner of the vehicle). You can do this by handing the information directly to the owner of the property or by leaving the information on a note where the owner can see it on the damaged property. (If you leave a note, you must then, without unnecessary delay, report the accident to law enforcement.)

Being “involved in a vehicle accident” means to be connected with the accident in a natural or logical manner, even if your vehicle did not actually collide with anything. You must comply with the above duties even if you are not at fault. Failure to take any one of the above actions is a crime under the Hit and Run laws.

VC § 20002 does not require you to give your insurance information to the owner of the damaged property. That law is found in VC § 16025.

What sentence am I facing if convicted of a Hit and Run Resulting in Injury?

Vehicle Code § 20002 is a misdemeanor punishable by custody in the county jail for up to 6 months and a fine of up to $1,000. (See VC § 20002(c).) Instead of being sentenced to jail, you may be sentenced to informal (also known as “summary”) probation to the court, usually for a period of no more than 3 years. You will be required to pay any restitution costs to the victim.

How do I fight an allegation of Hit and Run Resulting in Injury?

In order to convict you of this crime, prosecutors must prove three things: 1) you were involved in a vehicle accident while driving, 2) the accident caused damage to someone else’s property, and 3) you knew or should have known the accident caused property damage.

Were you involved in the accident?

The prosecutors must be able to show that you were involved in the accident. They do this through the testimony of witnesses, video surveillance, photographs, etc. Eyewitness identification is often a big part of the prosecutor’s case against you. Part of your lawyer’s job may entail poking holes in this type of evidence and find out whether any witnesses can in fact identify you as someone involved in the accident.

Did the accident cause property damage?

It is not uncommon that “victims” of a Hit and Run will try to take advantage of the situation and claim that the accident caused damage to their property when in fact their property was already damaged before the accident. They do this because they would rather you pay for the damage for them than have to pay for it themselves. Therefore, a good lawyer ensures that: 1) there is actual damage to someone else’s property, and 2) the accident in reality caused the damage.

Did you know, or should you have known, about the property damage?

The prosecutors must also prove that you knew that, either:

  • The accident caused property damage, OR
  • The nature of the accident was such that it was probable that property had been damaged.

In the case of a relatively minor accident, the facts of the incident are extremely important. Did anyone see or mention any damage? Was there a dent in the vehicle? Was there any paint transfer or scrapes? Was there any evidence of wreckage on the roadway, such as plastic, metal, etc.?

The details matter. They help us develop your defense. Help us win your case by working on these 8 homework assignments right away.

Lounsbery Law Office, PC has successfully fought charges of Hit and Run Resulting in Property Damage for many clients. We would like to have the opportunity to do the same for you. To speak with an El Cajon lawyer with experience defending Hit and Run Resulting in Property Damage charges today, call 619-792-1451 or send us an email.