In Los Angeles, being accused of a hit-and-run can have serious implications. California law requires drivers involved in accidents to stop, exchange information, and, if needed, offer assistance to those who may be injured. Leaving the scene, even in cases involving minor property damage, can result in significant legal penalties. If you’ve been charged with a hit-and-run, understanding how fault is determined and building a sound defense is critical.
This article walks you through the factors involved in proving fault in hit-and-run cases and explores how a defense attorney can help protect your rights.
What is a Hit-and-Run in California?
A hit-and-run occurs when a driver involved in an accident leaves the scene without providing contact information or, in some cases, without helping anyone who may have been injured. Under California law, drivers are required to:
- Stop immediately after an accident.
- Exchange information with other parties involved.
- Render aid if necessary, such as calling for medical assistance.
The obligation to remain at the scene applies to all types of accidents, whether they involve property damage, minor injuries, or serious injuries. Leaving without taking these steps may lead to criminal charges, which could impact your future if not addressed promptly.
Types of Hit-and-Run Charges in California
California hit-and-run charges are classified according to the severity of the incident:
- Misdemeanor Hit-and-Run: Usually involves property damage only. For instance, if a driver accidentally damages another vehicle or a piece of property and leaves the scene without taking responsibility, this could lead to misdemeanor charges.
- Felony Hit-and-Run: Involves incidents where someone is injured or killed. Because of the potential harm, felony charges carry more severe consequences.
Determining Fault in a California Hit-and-Run Case
To secure a conviction, the prosecution must demonstrate that:
- The defendant was operating the vehicle involved in the incident.
- The defendant was aware, or should have reasonably been aware, that they were involved in an accident.
- The defendant failed to fulfill their obligations as required by law, including stopping to exchange information and provide assistance.
Each of these factors requires evidence, and a strong defense can challenge the prosecution’s claims by questioning the sufficiency or interpretation of that evidence.
Key Elements in Proving Driver Fault
Identifying the Driver
One of the most challenging aspects of proving fault in a hit-and-run case is establishing the driver’s identity. The prosecution often relies on various forms of evidence, such as witness statements, surveillance footage, or forensic analysis, to link a vehicle—and by extension, the driver—to the scene. However, associating a vehicle with an accident does not necessarily prove the owner was driving.
For example, if the vehicle was shared with others or reported stolen, this can provide alternative explanations. A defense attorney can introduce reasonable doubt by highlighting gaps in the prosecution’s case, especially if other individuals had access to the vehicle around the time of the incident.
Knowledge of the Incident
The prosecution must also show that the driver knew or should have known they were involved in an accident. This requirement is especially relevant in minor incidents where the driver may not realize their actions caused any damage or impact.
For example, a driver may brush against another car while parking, causing minimal damage that goes unnoticed. In such cases, a defense attorney may argue that the defendant did not recognize any impact or that there was no way for the driver to reasonably know they were involved in an accident.
Failing to Stop and Provide Aid
Even if the prosecution establishes the driver’s identity and knowledge of the incident, they still need to prove that the defendant intentionally failed to stop and provide assistance. There are scenarios where a driver might leave the scene due to fear, confusion, or misunderstanding.
For instance, if the driver faced immediate danger, such as harassment or a perceived threat from the other party involved, leaving the scene may have been a reasonable response. In such cases, a defense attorney can argue that the driver acted out of concern for personal safety rather than intent to avoid responsibility.
Common Types of Evidence in Hit-and-Run Cases
The prosecution may rely on various types of evidence to build their case. Knowing the types of evidence typically presented can help you and your defense team prepare a strategy to counter each element effectively.
Surveillance Footage
In Los Angeles, where cameras are common in public spaces, footage from traffic, security, or private cameras may serve as key evidence in a hit-and-run case. However, video evidence can be limited or open to interpretation. For example, poor lighting or obstructed views can make it challenging to confirm a vehicle’s details or driver’s identity. A defense attorney can examine the footage for inconsistencies, potentially arguing that it fails to provide a clear link to the defendant.
Eyewitness Testimony
Eyewitnesses can play an influential role in hit-and-run cases, providing details about the vehicle or driver. However, witness testimony is not always reliable. Memory can be affected by factors like stress, weather conditions, or limited visibility. An attorney can challenge witness credibility by examining discrepancies in their accounts or questioning their perspective and opportunity to observe the incident accurately.
Vehicle Damage Analysis
If the police locate a vehicle believed to be involved, they may compare damage on the vehicle with the damage from the other party’s property or vehicle. However, vehicle damage alone does not conclusively prove fault. Damage analysis can sometimes be disputed if there’s reason to believe the damage was caused in a separate incident.
Forensic Evidence
Forensic evidence, such as paint transfers, skid marks, or vehicle debris from the scene, may be presented to connect a vehicle to the accident. While such evidence can be persuasive, it is not always definitive. A defense attorney may consult with experts to review forensic findings, potentially challenging the accuracy or interpretation of the evidence.
Potential Penalties for Hit-and-Run Convictions in Los Angeles
The penalties for a hit-and-run conviction in Los Angeles vary based on the severity of the charge:
Misdemeanor Penalties
- Fines up to $1,000.
- Up to six months in county jail.
- Restitution to the victim for damages.
- Possible points added to your driving record or suspension of your license.
Felony Penalties
- Fines up to $10,000.
- Two to four years in state prison (if serious injury or death occurred).
- Restitution to victims for injuries or damages.
- Probation or parole after release.
In addition to legal penalties, a hit-and-run conviction can affect other areas of your life, potentially impacting your ability to drive, find employment, or maintain a clean criminal record. A defense attorney can help you understand the full scope of potential consequences and work to minimize the impact of these charges.
Common Defense Strategies for Hit-and-Run Charges
In many cases, defense strategies focus on questioning the prosecution’s evidence or presenting extenuating circumstances that may explain the defendant’s actions:
- Mistaken Identity: If there’s reason to believe someone else was driving or the vehicle was stolen, your attorney can introduce this information to challenge the driver’s identity.
- Lack of Knowledge: If the accident was minor and you did not realize it occurred, this defense may apply. Proving that you were unaware of the incident can lead to a reduction or dismissal of charges.
- Emergency Circumstances: If you left the scene due to an immediate safety concern, your lawyer might argue that your departure was justified. For example, fleeing from an aggressive individual or experiencing a medical emergency can provide grounds for explaining why you did not remain at the scene.
Protect Your Rights After a Hit-and-Run Charge in Los Angeles
Facing a hit-and-run charge is challenging, but you don’t have to face it alone. An attorney experienced in defending hit-and-run cases can offer guidance, support, and representation, working with you to navigate the complexities of the legal process and develop a defense aligned with your specific circumstances.
Start Building Your Defense Today – Hit-and-Run Lawyer Serving Los Angeles and Surrounding Areas
If you’re facing a hit-and-run charge in Los Angeles, The Law Offices of Christopher Chaney can assist. We provide defense representation throughout Los Angeles County, including San Fernando Valley, Westside, Antelope Valley, South Bay, and San Gabriel Valley.
Take the first step by calling us at 818-330-5198 or using our online contact form for a free consultation. Understanding your rights and options is crucial, and our firm is committed to providing knowledgeable guidance to help you pursue a favorable resolution in your case.
Contact The Law Offices of Christopher Chaney today for a free consultation. Call us at 818-330-5198 or use our online contact form to get started on your defense.
Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.
