Is Hit-and-Run Considered a Felony?

A hit-and-run accident happens when a driver involved in a crash leaves the scene without offering assistance or providing their contact information. While these incidents can range from minor to severe, they often carry serious legal consequences. One of the most common questions victims ask is, “Is hit and run a felony?” The answer is yes—under certain circumstances, a hit-and-run can be classified as a felony.

In this blog post, we’ll explore the key factors that determine whether a hit-and-run is considered a felony, the legal ramifications, and the essential steps you should take if you find yourself involved in such an incident. Understanding these aspects can help you navigate the aftermath more confidently and protect your rights.

When is a Hit-and-Run Considered a Felony?

Not all hit-and-run accidents are automatically classified as felonies. The key factor that escalates the crime to felony status is the severity of the accident’s outcome. A hit-and-run can be classified as a felony if:

Serious Injury or Death Occurs

If a hit-and-run results in serious bodily injury or death, it is almost always classified as a felony. The rationale is simple—when the incident causes significant harm, the legal system responds with more severe penalties. For example, in many states, including California, fleeing the scene of an accident that causes injury or death falls under the purview of felony charges.

The law aims to protect victims, ensuring they receive timely medical attention, and to hold drivers accountable when they fail to fulfill their legal and moral responsibilities.

Property Damage Alone Might Not Elevate to Felony

On the other hand, if the hit-and-run results only in property damage, it is typically classified as a misdemeanor rather than a felony. In this case, the penalties, though still serious, are less severe compared to those involving personal injury or death.

For example, California hit-and-run laws are very clear about these distinctions in jurisdictions like California. For instance, under Vehicle Code 20001, leaving the scene of an accident that results in injury or death can lead to felony charges. This distinction helps drivers and victims understand the gravity of hit-and-run incidents.

Understanding Felony Charges Under California Hit-and-Run Laws

The legal consequences of a felony hit-and-run are much more severe than those for a misdemeanor. If you commit a hit-and-run felony, you could face:

Fines

In cases where the hit-and-run results in serious injury or death, convicted individuals may be required to pay hefty fines. These fines can range from several thousand dollars to much higher depending on the injuries’ severity and the state where the accident occurred.

Imprisonment

Felony charges often carry prison sentences. In cases involving injury, the defendant may face up to several years in state prison. If the incident leads to death, the punishment could extend to more than a decade behind bars.

License Suspension

A felony hit-and-run conviction almost always results in the suspension or revocation of the driver’s license. The length of suspension can vary, but in many cases, it can last several years, further complicating the life of the convicted individual.

Hit-and-Run Lawsuit

Beyond criminal charges, a hit-and-run can lead to a lawsuit by the victim or their family. These civil cases seek compensation for medical bills, lost wages, emotional suffering, and more. In situations where the accident resulted in catastrophic injuries or death, hit-and-run lawsuit settlements can reach substantial amounts.

What to Do If You Are Involved in a Hit-and-Run Accident: Advice from a Personal Injury Lawyer in California

Whether you’re the driver who caused the accident or the victim of a hit-and-run, there are crucial steps to follow that can impact both legal and personal outcomes.

As the Driver

If you’re in an accident, it’s important to stay calm and obey the law. Leaving the scene could elevate the charges you face. Here’s what to do instead:

• Stop Immediately: Fleeing the scene will only worsen the situation, especially if someone suffers injuries.
• Assist the Injured: Call 911 and offer help if someone needs it.
• Exchange Information: You are legally required to provide the other parties involved in the accident with your name, contact information, and insurance details.
• Notify the Police: Report the incident to the local authorities. Failing to do so in some jurisdictions could also result in additional penalties.

As the Victim

If you are the victim of a hit-and-run, taking prompt action can help authorities identify the responsible party and protect your legal rights:

• Gather Evidence: If possible, take note of the vehicle’s make, model, color, and license plate number. Photos or videos from the scene can be critical in identifying the driver.
• File a Police Report: Immediately report the incident to the police, providing them with all available information.
• Seek Medical Attention: Even if your injuries seem minor, getting a medical evaluation is vital. Some injuries may not be apparent immediately after an accident.
• Consult a Personal Injury Lawyer: In cases where the responsible party is identified, working with a personal injury lawyer in California can help you navigate the legal process, potentially leading to compensation for your injuries and other damages.

Hit-and-Run Lawsuits and Settlements

If you’re the victim of a hit-and-run accident, you may be able to file a civil lawsuit against the responsible driver. A successful hit-and-run lawsuit can provide you with compensation for:

• Medical Bills: Covering immediate and long-term healthcare needs.
• Lost Wages: Reimbursing income lost due to time away from work during recovery.
• Pain and Suffering: Addressing emotional trauma, long-term pain, and distress caused by the accident.

While pursuing legal action can be lengthy, it can ultimately result in lawsuit settlements that provide financial relief and a sense of justice.

Protect Yourself and Others

Hit-and-run accidents can have devastating, life-altering consequences, particularly when they result in serious injury or death. Understanding what elevates a hit-and-run to felony status is critical in protecting your rights and grasping the legal repercussions. Whether you’re the driver or the victim, taking swift, informed action is essential. By seeking legal guidance early, you set yourself up for success in navigating the complexities of the situation and pursuing justice.

If you or a loved one suffered a hit-and-run or any other car accident, securing experienced legal help is crucial. At Adamson Ahdoot, our team of dedicated personal injury attorneys will stand by your side every step of the way. With over 100 years of combined legal experience, we offer the power of a large firm coupled with the personalized attention you deserve. Our free consultations are available in English and Spanish. We ensure that you receive a professional, caring, and compassionate response to your needs.

Don’t face this challenging time alone. Call Adamson Ahdoot today at (800) 310-1606 to schedule your free consultation and get expert legal guidance from one of Los Angeles’ top personal injury firms.