TRAFFIC CRIMES LAW — CALIFORNIA
Hit and Run Laws in California — VC §20001 and VC §20002 Explained
California has two hit and run statutes: felony hit and run with injury (VC §20001) and misdemeanor hit and run with property damage (VC §20002). Leaving the scene is a separate crime from the accident itself.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney
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Quick Reference
Hit and Run Laws California — At a Glance
- Law / Code
- VC §20001 / VC §20002
- Classification
- Felony (injury) / Misdemeanor (property damage only)
- Maximum Penalty
- Up to 4 years prison (felony) / Up to 6 months jail (misdemeanor)
- Probation Eligible
- Yes for both
- Strike Offense
- No
What Is Hit and Run Laws California Under California Law?
Legal Framework. Vehicle Code section 20001 applies when a driver is involved in an accident resulting in injury to a person other than the driver, or death, and fails to immediately stop at the scene. The driver must provide identifying information and reasonable assistance, including arranging transportation or treatment when it is apparent treatment is necessary or requested. The required information includes the driver’s name and current residence address, the vehicle owner’s name and address, and the vehicle’s registration number; the driver must also show a driver’s license upon request. The statute reaches accidents on public roads and elsewhere, including parking areas. The prosecution must prove the defendant knew, or reasonably should have known, of the collision and resulting injury; a driver is not criminally liable for leaving an accident whose injury was not known and could not reasonably have been anticipated.
The Prosecution's Burden. Vehicle Code section 20001 is a wobbler. A nonfatal injury hit and run may be charged as a misdemeanor or felony. Under VC §20001(b)(1), the misdemeanor punishment can include county jail, a fine, or both; felony punishment under VC §20001(b)(1) can include 16 months, two years, or three years in county jail under Penal Code §1170(h), plus a fine. If the accident causes death or permanent, serious injury, VC §20001(b)(2) authorizes a felony sentence of two, three, or four years. Charges under VC §20001 may also carry restitution, a driver’s-license suspension or revocation through DMV action, and adverse consequences for employment, professional licensing, and insurance. The charge punishes leaving and failing to perform statutory duties, not necessarily causing the crash.
Potential Consequences. Vehicle Code section 20002 is the property-damage counterpart. It applies when a driver is involved in an accident causing damage to property and fails to immediately stop and either locate and identify themself to the property owner or leave a conspicuous written notice containing the required information. The notice must provide the driver’s name and current residence address and the owner’s name and address, as well as a statement of the circumstances; the driver must also notify local law enforcement without unnecessary delay. VC §20002 is a misdemeanor, even if the damage is substantial. A single collision can produce both a hit-and-run count and a separate offense such as DUI under VC §23152, reckless driving under VC §23103, or vehicular manslaughter under PC §192(c), depending on the evidence. The underlying driver’s fault is distinct from the duty to stop.
05 — Defense Strategies
How Rubin Law Defends Hit and Run Laws California Charges
Rubin Law, P.C. attacks the elements of VC §20001 / VC §20002 and drives outcomes that avoid conviction where possible.
No Knowledge of Collision or Injury
Knowledge is central to an injury hit-and-run prosecution. Under VC §20001, the prosecution must establish that the driver knew of the accident and injury, or that the circumstances were such that a reasonable person would have anticipated injury. In a property-damage case under VC §20002, the evidence must likewise support that the driver was aware of a collision causing damage. A light impact, road noise, a crowded parking lot, preexisting damage, vehicle condition, and witness reliability can all matter. We examine video, vehicle damage, accident reconstruction, 911 calls, and the claimed victim’s account to determine whether the alleged driver actually perceived an accident requiring a stop.
U.S. Const. amend. IV
The Driver Did Not Leave the Scene
A stop need not look like a formal roadside report to satisfy the statute. The factual question is whether the driver immediately stopped and performed the applicable statutory duties. Evidence may show the driver pulled over nearby because stopping at the point of impact was unsafe, returned after moving the vehicle out of traffic, spoke with the other party, exchanged information, called 911, or remained until police arrived. GPS records, phone data, dash-camera footage, body-worn camera video, photographs, and independent witnesses may corroborate those facts. The defense focuses on the actual sequence, rather than an assumption that a brief separation from the collision point proves an unlawful departure.
17 CCR §1219.3
Identification of the Actual Driver
The registered owner of a vehicle is not automatically the driver. Hit-and-run investigations often begin with a partial plate, vehicle description, surveillance image, or later contact with the registered owner. Those leads can establish that a particular car was involved without reliably identifying who was behind the wheel. We test whether witnesses had a meaningful opportunity to observe the driver, whether lighting and stress affected perception, whether video truly shows the driver’s face, and whether police used an unduly suggestive identification procedure. Evidence that another person had possession of the car, or that the vehicle description does not match, can create reasonable doubt on a required element.
NHTSA SFST
Compliance With Property-Damage Duties
For a VC §20002 charge, the statute gives a driver more than one way to comply after property damage. The driver may locate the owner and provide the required identifying information, or leave a conspicuous written notice with the required information and then notify the local police department or California Highway Patrol without unnecessary delay. The adequacy and timing of the notice are often disputed. A receipt, photograph of the note, call log, dispatch record, police report, or communication with the property owner may show compliance. Where the driver made a good-faith effort to identify the owner but circumstances prevented immediate contact, the specific statutory requirements and available proof must be carefully evaluated.
VC §23152
Challenge Causation and the Nature of the Harm
VC §20001 requires an accident resulting in injury or death to someone other than the driver. The prosecution may allege injury based on a later medical complaint even where the collision was minor or causation is uncertain. Medical records, timing of symptoms, prior injuries, vehicle damage, and biomechanics may bear on whether the incident caused the claimed harm. If the evidence supports property damage only, the felony or misdemeanor injury hit-and-run allegation under VC §20001 may be unsupported, although VC §20002 can still be considered. This defense does not deny the seriousness of an injury; it requires the prosecution to prove that an injury resulted from this accident and that the statutory injury provision applies.
17 CCR §1219.1
Address Restitution and Negotiate the Correct Resolution
Because hit and run is separate from fault for the accident, early repair payments or insurance communications do not by themselves establish criminal guilt. They can, however, be important in resolving a case when the evidence of a statutory violation is substantial. We verify actual losses, avoid admissions that unnecessarily expand criminal exposure, document insurance claims and repair efforts, and present mitigation such as prompt reporting, lack of prior record, sobriety evidence, and stable community ties. In appropriate misdemeanor matters, a negotiated disposition may seek dismissal after compliance, reduction to a non-hit-and-run traffic offense, or terms that minimize license and employment consequences. The available result depends on the facts, injury severity, record, and prosecutor’s assessment.
VC §23103.5
Constitutional Sources: Fourth Amendment — U.S. Constitution
Questions
Frequently Asked — Hit and Run Laws California
What is the difference between felony and misdemeanor hit and run in California?
California’s two principal hit-and-run statutes turn on the type of harm caused by the accident. Vehicle Code §20001 applies when the accident results in injury to a person other than the driver or death. It is a wobbler: the prosecutor may file it as a misdemeanor or felony, depending on the injury, facts, and criminal history. Vehicle Code §20002 applies when the accident causes property damage only, such as damage to another car, fence, parked vehicle, or other property. VC §20002 is a misdemeanor. Neither statute requires the prosecution to prove that the driver caused the collision. The alleged crime is failing to stop and perform the duties required after an accident, including providing identifying information and, for injury cases, reasonable assistance.
Do I have to stop if I was not at fault for the accident?
Yes. Fault for the collision does not eliminate the duty to stop. Under VC §20001, a driver involved in an accident causing injury or death must immediately stop, provide specified identifying information, show a driver’s license upon request, and provide reasonable assistance, including arranging medical care or transportation when needed or requested. Under VC §20002, a driver involved in an accident causing property damage must stop and identify themself to the owner or leave the required written notice and notify law enforcement without unnecessary delay. The other driver may have caused the crash, but leaving without complying can still lead to a separate hit-and-run charge. Civil fault, insurance coverage, and criminal hit-and-run liability are related issues but are not the same legal question.
Can I be charged if I did not know I hit someone or damaged a car?
Not merely because your vehicle was later linked to damage. A hit-and-run conviction requires proof of the required mental state. For VC §20001, California law requires proof that the driver knew of the accident and injury, or knew of the accident and reasonably should have known that an injury resulted. For VC §20002, the circumstances must support that the driver knew of the accident causing property damage. This is fact-specific. A significant collision, loud impact, visible damage, airbag deployment, or witness statements can support an inference of knowledge. Conversely, minimal contact, confusing roadway conditions, preexisting damage, or credible evidence the driver did not perceive an impact may create reasonable doubt. Police and prosecutors must prove knowledge; they cannot simply assume it from vehicle ownership.
What happens if I hit a parked car and cannot find the owner?
VC §20002 requires more than leaving the location after striking an unattended vehicle. If the owner cannot be located, the driver must leave a conspicuous written notice in a conspicuous place on the damaged vehicle or other damaged property. The notice must include the driver’s name and current residence address, the registered owner’s name and address, and a statement of the circumstances. The driver must also, without unnecessary delay, notify the local police department or the California Highway Patrol. A phone number alone, a first name, or an informal note without the required information may be challenged as inadequate. Taking a dated photograph of the notice and preserving the report or dispatch number can be important if compliance later becomes disputed.
What penalties and license consequences can a California hit and run carry?
A property-damage hit and run under VC §20002 is a misdemeanor punishable by up to six months in county jail, a fine, or both. An injury hit and run under VC §20001 can be a misdemeanor or a felony. Under VC §20001(b)(1), a nonfatal injury case can carry misdemeanor punishment or, as a felony, 16 months, two years, or three years under Penal Code §1170(h). Where the accident causes death or permanent, serious injury, VC §20001(b)(2) provides a felony term of two, three, or four years. Courts may order victim restitution under California law. DMV consequences can include suspension or revocation of driving privileges, and a conviction can affect insurance, commercial driving, professional licensing, immigration matters, and employment screening.
Should I talk to LAPD, LASD, or an insurance adjuster after a hit and run allegation?
You should take the allegation seriously and avoid making rushed factual statements. LAPD, the Los Angeles County Sheriff’s Department, or another agency may seek an interview before forwarding a report to the Los Angeles County District Attorney’s Office or a city prosecutor. You generally have the right to decline a voluntary police interview and to consult counsel before deciding whether to provide information. Insurance policies may impose cooperation duties, but that does not mean an insured should make unnecessary admissions about criminal liability without legal advice. Preserve photographs, repair estimates, messages, location data, and any note or police report connected with the event. For advice tailored to an LA County investigation or court case, Rubin Law, P.C. can be reached at (213) 723-2337.
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