Recent train accident spurs many to wonder about drivers’ criminal liability in an accident.
At the end of February, a serious train accident took place in Oxnard CA, involving an LA-bound Metrolink train and a pickup truck hauling a trailer. The circumstances of the accident were a bit out of the ordinary, as the driver of the pickup appeared to have accidentally turned onto the railroad tracks and then abandoned the scene. The train was unable to stop in time to avoid hitting the parked truck. Upon impact, five train cars derailed and three of them turned over. According to officials 28 of the 49 people on board the train were taken to local hospitals with injuries.
The driver of the truck was picked up over a mile and half from the scene. He was taken to the hospital and arrested on felony hit and run charges upon his release.
This news story has led some to ask questions about California’s criminal statutes and procedures relating to hit and run accidents. We’ll tackle a few of these questions here.
What Are a Driver’s Responsibilities Following an Accident?
If you have been involved in an accident—even if you did not cause the accident—you must stop IMMEDIATELY and discharge the following responsibilities:
- Provide your name and address to the other parties
- Provide reasonable assistance to anyone needing medical attention
- If the other parties are present (ie the accident did not involve a parked car or damage to an unattended property), you must also provide your drivers license and registration upon request
- If the car was not yours, you must provide the name and address of the car’s owner
- Call the police or highway patrol if there was a death
What Types of Criminal Charges Can Apply?
The California Vehicle Code outlines two types of criminal charges for hit and run accidents.
Misdemeanor hit and run charges apply when a driver leaves the scene of an accident in which another person’s property was damaged, without first providing identification to the other parties involved.
Felony hit and run charges apply when a driver leaves the scene of an accident where another person has been injured or killed, without first identifying themselves.
Vehicular manslaughter charges may apply if the accident resulted in a death, regardless of whether or not the driver fled the scene.
It is very important to understand that these charges can apply even when the property damage or injury was very minor, and even if the individual being charged was not at fault for the accident.
The only exception is if the only damage or injury sustained was to your own vehicle or person. In this case, you should still stop to exchange information with any other parties involved in the accident, but you will not be brought up on criminal charges for failing to do so.
What If You Leave the Scene and Come Back?
While drivers are supposed to stop IMMEDIATELY after an accident, some leeway is given for drivers who come back within a matter of minutes of their own accord. A prosecutor will look at all the circumstances of the case including the person’s driving history and criminal record before deciding to file charges. A driver who returned because they realized they had been identified would not be given this same consideration.
