Practice Areas · Criminal Defense
Hit and Run
San Diego Criminal Defense
Hit and Run in San Diego
A hit and run cuts two ways, and Crudo Law handles both. On one side is the person who got hit and watched the other driver take off. On the other is the driver accused of leaving the scene. Both are more common than people think, from crowded Mission Valley parking lots to late nights downtown.
On the criminal side, California splits hit and run in two. A misdemeanor under Vehicle Code 20002 is leaving the scene of an accident that caused only property damage, like clipping a parked car. A felony under Vehicle Code 20001 is leaving the scene of a crash where someone was injured or killed. The dividing line is whether a person was hurt, and it changes everything.
The law requires drivers to stop, identify themselves, and exchange information. To convict, the prosecution has to prove you knew, or reasonably should have known, that you were in an accident. That knowledge element is often where these cases are won. If you were the one hit and the driver fled, you may still recover through your own uninsured motorist coverage, and our personal injury and car accident pages walk through how those claims work.
Free
Confidential consultation
VC 20001 / 20002
Felony or misdemeanor
Both sides
Injured or accused
Direct
You work with Joe
By the Numbers
Hit and Run, by the numbers
15%1
Share of U.S. police-reported crashes in 2023 that were hit-and-run, a record high
919,292 hit-and-run crashes in 2023, up from a 12.2% share in 2017
2,8721
U.S. hit-and-run traffic deaths in 2023, equal to 7% of all crash deaths, the highest share ever recorded
Up from 2,010 hit-and-run deaths in 2017
24%2
Share of U.S. pedestrians killed in traffic crashes in 2023 who were struck by a hit-and-run driver
Of 7,314 total pedestrian deaths in 2023
10.5%1
Share of California traffic fatalities that were hit-and-run (2017-2023), the highest of any U.S. state
28,494 total California traffic deaths over the period
26.4%1
Share of California pedestrian and bicyclist deaths that were hit-and-run (2017-2023)
Of 8,491 pedestrian/bicyclist deaths in California over the period
Do You Need a Lawyer?
When to call a defense attorney
Acting early opens doors that close once a case is charged. On either side of a hit and run, time matters.
- ✓You are accused of leaving the scene of an accident
- ✓You did not realize you had hit anything
- ✓You panicked and left, and now there may be charges
- ✓You were hit by a driver who fled and need to recover
Building Your Defense
Defense strategies
You did not know an accident occurred
The law requires knowledge that you were in a collision. With minor contact, loud road noise, or a large vehicle, you may genuinely not have felt or heard it. No knowledge, no crime.
No damage or injury actually resulted
A misdemeanor needs actual property damage. A felony needs an injury. If the claimed damage is minimal or the injury connection is weak, that undercuts the charge.
You were not the driver
Identity is sometimes genuinely in dispute. A partial plate or a general description can put the wrong person in the seat. Joe scrutinizes how the state tied you to the car and the driver's seat.
You stopped or fulfilled your duties
Sometimes drivers do stop, exchange information, or leave a note, and the case is a misunderstanding. Video, witnesses, and records can back that up.
Civil compromise on property-damage cases
In some misdemeanor property-damage cases, California allows a civil compromise, where the matter can be resolved after the other party is compensated. It is not automatic or available in every case, but where it fits it can be a very favorable path.
The Process
How your case moves forward
How a hit and run moves depends on which side you are on, but the criminal case follows a familiar path.
- Free consultation
- Joe listens to what happened, on either side, and explains where you stand at no cost.
- Move fast on evidence
- Surveillance video gets overwritten and witnesses forget. We work quickly to preserve what helps you, and sometimes resolve a case before charges are even filed.
- Build the defense or the claim
- For the accused, we press the knowledge and identity questions. For the injured, we pursue your uninsured motorist coverage and deal with the adjuster.
- Resolution
- That can mean charges declined, a civil compromise, a reduction, or a fair recovery on the injury side.
Frequently asked
Common questions
I got hit by a driver who took off. What can I do?+
You have more options than it feels like. Report the crash to police right away with any detail you can, even partial. Then look at your own auto policy for uninsured motorist coverage, which is built to cover you when the at-fault driver cannot be found. Joe reviews your coverage and deals with the adjuster.
Is a hit and run a felony or a misdemeanor?+
It depends on what the accident caused. Property damage only is generally a misdemeanor under Vehicle Code 20002. If someone was injured or killed, it can be a felony under Vehicle Code 20001. The injury question is the dividing line.
What if I did not know I hit something?+
That can be a real defense. California hit and run law requires that you knew, or reasonably should have known, you were in an accident. If you genuinely did not feel or hear an impact, the prosecution may not be able to prove the knowledge element, and the charge can fall apart.
Can a hit and run be dropped if I pay for the damage?+
Sometimes, in property-damage misdemeanor cases, California allows a civil compromise, where compensating the other party can lead to the case being resolved. It is not available in every case and not automatic, but where it fits it can be a strong outcome. Joe will tell you if it is realistic for you.
Should I contact the other driver myself?+
Be careful. Whether you were hit or you are the one accused, making statements without advice can complicate things. Speak with an attorney first, and let Joe guide any communication so you do not create problems for yourself.
Related practice areas
Sources
- AAA Foundation for Traffic Safety, Understanding the Increase in Fatal Hit-and-Run Crashes: Prevalences of Crashes, Injuries, and Deaths in the United States, 2017-2023 (Research Brief) (2026). https://aaafoundation.org/wp-content/uploads/2026/03/202603-AAAFTS-Hit-and-Run-Crashes.pdf
- National Highway Traffic Safety Administration (NHTSA), Traffic Safety Facts, 2023 Data: Pedestrians (DOT HS 813 727) (2025). https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813727
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