The alarmingly high occurrence of hit and run incidents in California, particularly in populous regions like Los Angeles County, paints a grim picture of the state’s road safety. In a single calendar year, over 30,000 hit and run cases were recorded, a figure that only reflects reported incidents. It’s no surprise that law enforcement agencies have a stern approach towards such offenses.
This narrative aims to shed light on frequently asked queries regarding hit and run charges, providing a clearer understanding of the legal standing in such scenarios. For a personalized discussion on your case, feel free to contact Simmons Wagner, LLP at (949) 439-5857 for a complimentary legal consultation.
Understanding Liability Regardless of Fault
A common misconception is associating the legality of a hit and run case with the fault in the accident. The truth is, the responsibility of the accident doesn’t influence the hit and run charge. Whether or not the collision was your fault, departing from the scene for reasons other than immediate safety concerns for yourself or others is considered a hit and run.
Measuring the Impact of Damage
The extent of damage inflicted during the accident doesn’t alleviate the seriousness of a hit and run charge. Even a minor scratch or a barely noticeable dent can lead to a hit and run charge if you vacate the accident scene without providing the necessary information or insurance details to the involved parties.
License Suspension Post Conviction
The potential of license suspension hinges on the specifics of the hit and run incident. California law outlines two distinct statutes regarding hit and run, one dealing with property damage and no injuries, categorized as a misdemeanor, and the other encompassing cases with injuries which could be filed as either a felony or a misdemeanor. The latter holds a higher likelihood of license suspension. Besides, any hit and run charge accrues two demerit points on your driving record, which could contribute to a license suspension under the Negligent Operator Treatment System if it exceeds the permissible point limit within a specified period.
Insurance Coverage in Hit and Run Incidents
Insurance policies generally cover the damages arising from hit and run incidents, notwithstanding a subsequent criminal conviction. However, exceptions do exist, like in cases intertwining hit and run with DUI charges, where insurance companies may deny coverage.
Felony or Misdemeanor: What Dictates the Charge?
The categorization of a hit and run charge as either a felony or a misdemeanor is contingent upon the case particulars. Typically, incidents devoid of injuries and involving damages to unattended, parked vehicles are filed as misdemeanors. On the flip side, scenarios with injuries are treated more severely, potentially escalating to felony charges.
Seeking Legal Guidance
Facing hit and run charges in California can be a nerve-wracking experience given the potential legal repercussions. Engaging a seasoned attorney can provide a better vantage point in understanding the intricacies of your case, and crafting a robust defense strategy. Simmons Wagner, LLP offers a no-obligation initial consultation, accessible via (949) 439-5857, to discuss your case and explore the optimal legal pathways available to you.