Police generally start investigating a California hit and run case by visiting the scene of the accident, interviewing the victim and gathering evidence. Law enforcement then goes to identify the driver who fled the scene, usually by:
- piecing together the evidence they gathered,
- viewing surveillance camera footage (if available),
- bringing the case into the news, and
- interviewing interested parties or eyewitnesses.
Per California Vehicle Code Section 20001 VC, hit and run that causes injury or death can be a felony or a misdemeanor.1
Per California Vehicle Code Section 20002 VC, hit and run that causes only property damage is a misdemeanor.2
Note that if the police are successful in identifying the hit and run driver, the person will likely face criminal charges. In addition, the victim can try to bring a personal injury lawsuit against the driver and recover compensation for things like:
- medical bills,
- property damage, and
- pain and suffering.
1. How does a police department begin a hit and run investigation?
Once police officers learn of hit and run cases, they usually start by visiting the accident scene. If a victim does not need emergency medical attention and is still present, police will speak with that person. Police use this initial interview to get a general idea about what took place.
While still at the scene of an accident, law enforcement will examine the scene for other possible sources of evidence. This other evidence may include:
- video footage,
- license plate numbers gathered by witnesses,
- statements from witnesses,
- photographs of the accident scene,
- photographs of any damaged vehicle or property,
- tire marks on the ground, and
- another vehicle’s paint on the victim’s car.
Police usually document this information and evidence in a police report.
2. Is visiting the accident scene enough?
In some cases, possibly. Sometimes the police can piece together the evidence they gather at the accident scene to identify the hit and run driver.
For example, maybe a witness got a clear view or picture of the driver’s license plate number. The police could then run a search of the number or contact the Department of Motor Vehicles (DMV) in order to gather the driver’s personal or identifying information.
The police can then use this information to find, question and charge the suspect.
3. What if no clear leads immediately surface?
Sometimes the evidence gathered at a hit and run accident scene will not provide clear leads as to whom the offender was.
In these cases, law enforcement often look for other sources of evidence. A common source is surveillance camera footage that captured the accident. This footage can provide such details as:
- a clear image of the hit and run driver,
- the driver’s license plate number, and/or
- the make, model, and color of the driver’s vehicle.
Any or all of these details could help in an arrest.
Sometimes the police can seek other evidence by interviewing more people. For example, they could visit stores or businesses near the accident scene and learn if anyone possibly has helpful information on the event.
Police could also contact local hospitals or urgent care clinics to try and learn if any drivers were treated because of a random car crash.
In hard cases, local police may bring the story to the news. The result is that the details of the case get told on varying news outlets, including television and social media. The story of the case may cause someone to come forward with convincing information as to whom the guilty driver is.
4. Does an insurance company investigate a hit and run?
If you are a victim of a hit and run and you suffer either a personal injury or property damage, you can file an insurance claim to recover compensation for your damages.
If you file an insurance claim after a hit and run, the insurance provider will often investigate the incident.
An insurer investigates a hit and run accident to determine if it will provide you with compensation for your losses.
An insurance company’s investigation may include:
- analyzing your insurance policy,
- reviewing any pertinent police reports,
- reviewing any available medical records,
- speaking with witnesses,
- looking at photos of any damaged motor vehicles or property, and
- reviewing videos of surveillance cameras (for example, if a person hit an unattended vehicle or parked car in a parking lot).
5. What are the penalties?
Hit and run in California that results in only property damage is always a misdemeanor. If someone gets hurt and killed, then hit and run is a wobbler: This means prosecutors can choose whether to bring charges as a misdemeanor or as a felony.3
| Hit and run causing injury or death in California | As a misdemeanor:
As a felony:
|
| Hit and run causing only property damage in California | Always a misdemeanor:
|
Additional reading
For more in-depth information, refer to these scholarly articles:
- Theorizing hit-and-run: A study of driver decision-making processes after a road traffic collision – Criminology & Criminal Justice.
- Is a Hit-and-Wait Really Any Better than a Hit-and-Run? – Hofstra Law Review.
- The Impact of Moral Panic on the Criminal Justice System: Hit-and-run Traffic Offenses as a Case Study – New Criminal Law Review.
- California v. Byers: Hit-and-Run Statutes and the Privilege against Self-Incrimination – Brooklyn Law Review.
- Hit the bottle and run: The role of alcohol in hit-and-run pedestrian fatalities – Journal of Studies on Alcohol and Drugs.
