Received a "Hit & Run" ticket when other person rear ended me

[anna555]

What is the name of your state?What is the name of your state?California

Hello,

I was in a car accident today. I was slowing down as I approached an intersection when a SUV rear-ended my car hitting me in the rear at least 40 mph faster than my car was going. The SUV crushed the entire trunk of my Oldsmobile and then spun in front of my car.

In a daze and not thinking clearly, I drove for a few minutes (exactly 1.3 miles) and then pulled over (basically the 3rd available right turn after the accident) and called AAA for assistance.

The police knew were my vehicle was stopped, but I did not call the police directly. When AAA towed the car to my house (about 1.5 miles away), the police arrived there at the same time and wrote me a "hit & run" ticket.

No one was injured in the accident. The police already wrote an accident report at the scene since the SUV had a damaged radiator and bent front axle and couldn't move, so it should be fairly clear on the accident fault. The speed limit is 45 mph in that area and I was almost at a complete stop when the impact occured.

I'm not sure what my legal options are in regards to the "hit & run" ticket, any assistance you can provide would be greatly appreciated.

Thanks,
Anna

 

[Crazed98]

Punishment for leaving the scene of an accident that damages only property can include a fine of up to $1000 and six months in jail, even if you did not cause the accident. In certain cases, the State of California may also take away your car.

http://www.expertlawfirm.com/areas/hit_and_run.html

 

[CdwJava]

CVC 20002 requires that you stop and exhange information with the other party in the collision. You did not stop - you left the scene. regardless of whose fault it was for the collision, you violated the law by leaving.

And don't be sure that you aren't going to share some fault in this ... you say you were "slowing down" at the intersection ... why?

CVC 20002(a) The driver of any vehicle involved in an accident
resulting only in damage to any property, including vehicles, shall
immediately stop the vehicle at the nearest location that will not
impede traffic or otherwise jeopardize the safety of other motorists.

You were required to do this:

(1) Locate and notify the owner or person in charge of that
property of the name and address of the driver and owner of the
vehicle involved and, upon locating the driver of any other vehicle
involved or the owner or person in charge of any damaged property,
upon being requested, present his or her driver's license, and
vehicle registration, to the other driver, property owner, or person
in charge of that property. The information presented shall include
the current residence address of the driver and of the registered
owner. If the registered owner of an involved vehicle is present at
the scene, he or she shall also, upon request, present his or her
driver's license information, if available, or other valid
identification to the other involved parties.

And you did not.

Crazed98 told you the possible criminal penalty.

- Carl

 

[CdwJava]

If you slowed to about 15 MPH in a place where this was not expected nor proper, then you will likely have to share at least a portion of the blame for the collision as well as the hit-and-run charge.

And keep in mind that legal responsibility is not the same as civil responsibility. A civil court or the insurance companies are not bound by state criminal law and the determination of fault in a police report. In theory, you coul dbe found entirely at fault ... though likely you will only be assigned part of the fault by the Insurance companies.

- Carl