Leaving the Scene of an Accident

Television news all to often has stories of people being struck by a vehicle whose driver is seemingly oblivious to the fact that they have just hit someone. Such is the case of Edward Nix, who was crossing a street in Boyle Heights last February when he was fatally struck by a van. The driver of the van never stopped to render aid or identify themselves, according to police.

Local TV stations aired grainy security camera pictures and issued a plea for anyone with any information to contact police. The family has offered a large reward for any information. When and if the driver is actually apprehended and brought to trial, what charges will he or she face, and what are the legal consequences of their actions?

Remain at the Scene

Felony hit and run would fit the facts in this case. According to Vehicle Code Section 20001, someone involved in a traffic collision in which another person is hurt or killed is required to perform certain actions. He or she must stop their vehicle and remain at the scene and they must provide identification to the other parties involved and/or law enforcement. Because the driver who fatally struck Mr. Nix fled the scene of the accident it seems that a felony hit-and run has been committed. The sentence imposed for hit and run convictions is dependant on the level of injury or if a person was killed.

If the accident underlying the hit and run resulted in an injury, the charge is considered a “wobbler,” which means the prosecutor can charge it as either a felony or misdemeanor.

If the accident underlying the hit and run resulted in a serious, permanent injury or death, the prosecutor may elect to charge as a felony. If the charge is a felony, the prison term could be anywhere between 24 and 48 months. Fines and restitution would also apply.

If a prosecutor can prove the driver was under the influence (DUI) at the time of the accident, the charge of gross vehicular manslaughter becomes a possibility. A conviction of felony hit and run and gross vehicular manslaughter while intoxicated or gross vehicular manslaughter, carries an additional five years in prison consecutive to any sentence imposed on the manslaughter case.

Daniel R. Perlman
The Law Offices of Daniel R. Perlman
https://danielperlmanlaw.com