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Ask an Attorney: Can You Be Charged with a Hit and Run if You Left the Scene but Returned Later?

by | Jun 22, 2024

Ask an Attorney: Can You Be Charged with a Hit and Run if You Left the Scene but Returned Later?

Being involved in a vehicle accident can be a frightening and disorienting experience. In the heat of the moment, it’s not uncommon for someone to panic and leave the scene. But what happens if you realize your mistake and return? Can you still be charged with a hit and run? Let’s delve into the details. If you have more questions, you can call Simmons Wagner, LLP for a free legal consultation at (949) 439-5857.

Understanding California’s Hit-and-Run Laws

In California, the laws surrounding hit-and-run offenses are stringent and clear. Here’s a breakdown of the key points:

Misdemeanor Hit and Run

  • Property Damage: If you leave the scene of an accident that resulted in property damage without identifying yourself to the involved parties, you can be charged with a misdemeanor.
  • Requirement: You must stop at the nearest safe spot without obstructing traffic to exchange information.

Felony Hit and Run

  • Serious Injury or Death: If the accident results in serious or fatal injuries and you do not stop at the scene, you can be charged with a felony.
  • Fault Irrelevant: It’s important to note that you can be charged with a hit and run regardless of whether you were at fault for the accident.

Penalties for Hit-and-Run Charges

  • Misdemeanor: Up to six months in jail and fines up to $1,000.
  • Felony: Fines up to $10,000 and up to three years in prison.

What Happens if You Return to the Accident Scene?

Returning to the scene of the accident, while morally responsible, does not serve as a legal defense against hit-and-run charges. Here’s what you need to know:

  • Awareness: Returning to the scene demonstrates that you were aware of the accident but initially chose to leave.
  • Potential Mitigation: Although not a defense, your return might be used as a mitigating factor during negotiations or in court, showing remorse and a willingness to take responsibility.

Defense Strategies Against Hit-and-Run Charges

If you are facing hit-and-run charges, there are several potential defenses that a skilled attorney might employ:

Lack of Awareness

  • Unaware of Collision: You might claim that you were unaware you were involved in an accident. For instance, if you barely clipped another car and believed it was just a near miss, you wouldn’t be guilty of a hit and run since you didn’t realize a collision occurred.

Moving to a Safe Location

  • Finding a Safe Spot: Argue that you were attempting to move to a safer location to avoid obstructing traffic or causing further accidents. Given the congestion on many California highways, finding a safe spot to pull over can be challenging.

Medical Emergencies

  • Injury Concerns: You might claim that you fled the scene due to significant injuries or the fear of serious injuries. This can sometimes be a valid defense, particularly if you sought medical attention immediately after leaving the scene.

Importance of Legal Representation

If you have been charged with a hit and run, it is crucial to consult with an experienced criminal defense attorney. The legal complexities and potential penalties make professional guidance essential.

Contact Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation. Our experienced attorneys can help you navigate the legal process, build a strong defense, and work towards the best possible outcome for your case. Don’t face these charges alone—reach out today for the support you need.