How long after a hit and run accident can you be charged?

Most jurisdictions say that you have to be charged with a hit-and-run case within either:

• one year from the date of the accident, if the crime is charged as a misdemeanor, or
• three years from the date of the accident, if the crime is charged as a felony.

Note that the time by which a prosecutor has to file criminal charges is referred to as the “criminal statute of limitations.” If prosecutors fail to press charges within the statutory period, then no charges can be brought.

Prosecutors normally bring misdemeanor charges after a hit-and-run accident if the incident only resulted in property damage. This means the vehicle accident did not produce any type of personal injury.

Felony charges are normally filed if you flee from a scene of an accident after causing:

• significant property damage,
• bodily injury to someone,
• serious injury to someone, or
• death.

In this article I delve into hit and run laws and the criminal statute of limitations. Also listen to our informative podcast on the subject:

What is the crime of hit and run?

The crime of hit and run occurs when:

1. you get involved in an auto accident or collision (either with another car, a bicycle, a pedestrian, or a stationary object), and
2. you leave the scene without providing certain information or reasonable medical assistance.¹

As to the second element, most state laws require you to present the following information (to a person, police officer, or law enforcement personnel) after you get involved in an accident:

• your driver’s license and vehicle registration (if requested),
• your contact information,
• if you are not the owner of the vehicle, the contact information of the owner,
• the name of your insurance company or a number corresponding to your policy (if requested), and
• the license plate number of your car (if requested).²

Note that most jurisdictions say that you are only guilty of this offense if you know that you caused or were involved in an accident.

Hitting Unattended Property

If you hit or damage an unattended car, then you should leave a note in a conspicuous place with:

• your contact information, and
• an explanation of the circumstances of the accident.

Fleeing If You Are Not At Fault

You can be guilty of hit and run even if you were not at fault for causing an accident. For example, if you were innocently hit by a driver guilty of DUI, you can face hit and run charges if you flee the scene after getting hit.

Additional Consequences

In addition to criminal charges, a hit-and-run accident could expose you to:

• a civil lawsuit brought by someone hurt or damaged in the accident, and/or
• penalties imposed by the applicable state’s department of motor vehicles (for example, driver’s license suspension or revocation).

What does “statute of limitations” mean?

A statute of limitations (“SOL”) refers to the maximum time period for which a prosecutor can file criminal charges.

In general, the SOL for misdemeanor offenses is one year from the date of the accident. The SOL for felony offenses is generally three years. In more severe cases, this time period increases (for example, up to six or eight years).

In most cases, if no charges are brought within the pertinent statute of limitations, a prosecutor loses the right to file them in the future.

What is the law in California?

Unlike many jurisdictions, California law says that prosecutors must file hit-and-run charges within six years of the date of the accident. This time period applies to both misdemeanor and felony cases.³

Misdemeanor Hit and Run

Vehicle Code 20002 VC is the state law on misdemeanor hit and run.

This section makes it a crime to flee the scene of an accident, without stopping and providing your information, when the accident caused damage to other vehicles or property.⁴

A violation of VC 20002 is punishable by:

• county jail for up to six months, and/or
• a maximum fine of $1,000.⁵

Felony Hit and Run

Vehicle Code 20001 VC is the state law on felony hit and run.

This section makes it a crime to flee the scene of a car accident in which another person has been injured or killed.⁶

A violation of VC 20001 is a wobbler offense, meaning that it can be either a misdemeanor or a felony charge.

If charged as a misdemeanor, the crime carries:

• jail time of up to one year, and/or
• a fine between $1,000 and $10,000.⁷

If charged as a felony, the offense carries:

• state prison for two, three, or four years, and/or
• a fine between $1,000 and $10,000.⁸

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.

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Legal References