Many of our clients mistakenly believe that fault plays a role in a Los Angeles Hit and Run Offense. This is inaccurate. When it comes to the criminal offense of Hit and Run, fault is not a mitigating factor, nor does it relieve you of the offense. This is an issue for the civil case, if any.
The reason a Hit and Run is unlawful, is because of a person’s decision to leave the scene, rather than stay and provide aid. That is the reason it is unlawful and what gives rise to the criminal offense, not the issue of fault. Let’s consider an example to better illustrate this concept.
Danny is driving home from work one evening. It is a rainy and icy night, with very little visibility. Charlie is driving behind Danny along the highway. Charlie is not paying attention and he cannot see very well. He fails to stop when Danny brakes and slams into Danny’s car. This causes Danny to slam into Victor, who is driving ahead of him. Charlie takes off driving away. Victor’s car seems to have been badly damaged.