Overview
A hit and run cuts two ways, and Crudo Law handles both sides of it. 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. These situations are more common than people think, and San Diego sees plenty of them, from crowded parking lots in Mission Valley to late-night streets downtown.
If you were the one hit, you already know how it feels. One second you're dealing with a crash, the next you're standing there with a damaged car, maybe an injury, and no license plate to point to. That does not mean you're out of options. California law gives injured people real paths to recovery even when the at-fault driver disappears, and part of our job is finding the coverage and the facts that make that recovery possible. If you were hurt, our personal injury page walks through how these claims work.
In California, hit and run comes in two forms on the criminal side. A misdemeanor hit and run under Vehicle Code 20002 involves leaving the scene of an accident that caused only property damage, like clipping a parked car or a fence. A felony hit and run under Vehicle Code 20001 involves leaving the scene of an accident where someone was injured or killed. The dividing line is whether a person was hurt, and it changes everything about how the case is treated.
At its core, the law requires drivers involved in an accident to stop, identify themselves, and exchange information, and in some cases to render aid and notify authorities. For someone accused, the prosecution has to prove you knew, or reasonably should have known, that you were in an accident and that you failed to meet those duties. That knowledge element is important, and it's often where these cases are won or lost.
Joe Crudo handles hit and run matters throughout San Diego County, whether you're the injured party trying to recover or the person facing a charge after a minor parking-lot scrape. This page is general legal information, not legal advice. Every case is different, the facts drive the outcome, and California law changes over time. If you're dealing with a hit and run, the right move is to talk with an attorney about your specific situation.
If You Were Hit and the Driver Fled
Getting hit by someone who then drives off feels like a dead end. It usually isn't. Even when the other driver is never found, you may still have a way to be made whole, and it often runs through your own auto policy.
Most California drivers carry, or are offered, uninsured motorist coverage. This is the coverage built for exactly this moment. When the at-fault driver can't be identified or turns out to have no insurance, uninsured motorist coverage can step into their place and pay for your injuries and losses, depending on the terms of your policy. A lot of people don't realize they have it, or don't realize it applies to a hit and run. Joe reviews your coverage and helps you use it.
There's a catch worth knowing. Insurance companies, including your own, don't simply hand over money because you filed a claim. Adjusters ask questions, request statements, and look for reasons to pay less. Even on your own uninsured motorist claim, the company on the other side of the table is protecting its own bottom line. Having an attorney who deals with adjusters for a living changes that dynamic.
The type of collision shapes the claim, too. A hit and run can be a fender bender or something far worse. If you were struck as a driver or passenger, our car accidents page covers how those claims come together. If you were on foot when a driver hit you and fled, walking through a crosswalk or along a sidewalk, our pedestrian accidents page speaks to that, and those cases can involve serious injuries.
Acting quickly helps here as well. Evidence disappears. Surveillance footage gets overwritten, witnesses forget, and physical damage gets repaired. Reporting the crash to police and getting an attorney involved early gives you the best shot at identifying the driver or building a solid claim under your own coverage. The California deadline to file most personal injury lawsuits is two years from the date of the injury under Code of Civil Procedure section 335.1, and if a government vehicle or public entity is involved, the deadline to file a claim can be much shorter, so time matters.
If You're Accused of Leaving the Scene
Being charged with a hit and run doesn't make you a bad person, and Joe treats his clients that way. When someone calls Crudo Law about a charge, they're usually scared and often embarrassed. Maybe you left because you panicked. Maybe you honestly didn't know you'd hit anything. Maybe you tapped a car in a packed lot and didn't think there was damage worth stopping for. Joe has heard these stories, and he doesn't judge. His job is to understand exactly what happened and to build the strongest defense the facts allow.
You deal with Joe directly. From the first call, he's the one asking the questions and mapping out the strategy. He wants the full sequence. Where you were coming from, what you felt or heard at the moment of the accident, why you left, and what happened afterward. The details that feel incriminating to you are often the details that matter most for the defense, because hit and run cases turn heavily on what you actually knew at the time.
Joe moves quickly on these cases, and there's a reason. Sometimes a hit and run can be resolved before charges are even filed, through what's known as a civil compromise on certain property-damage cases, or by getting ahead of the situation with the other party or the prosecutor. Acting early can open doors that close once a case is formally charged. When you bring Joe in fast, he has more room to work.
He's also realistic with you. If the evidence is strong and the smart move is to negotiate, he'll tell you that and fight for the best possible terms. If there are real weaknesses in the state's case, he'll press them hard. What he won't do is make promises he can't keep or leave you in the dark about where things stand. You'll always know what's happening in your case and why. For the bigger picture on how he handles charges, see our criminal defense page.
Defense Strategies
Hit and run cases have more defenses than most people expect, largely because the prosecution has to prove specific things, including that you knew you were in an accident. Here are some of the angles Joe examines.
You didn't know an accident occurred. This is central. The law requires knowledge that you were involved in a collision. If you genuinely didn't feel or hear an impact, which is common with minor contact, loud road noise, or a large vehicle, the prosecution may not be able to prove the knowledge element. No knowledge, no crime.
No damage or injury actually resulted. For a misdemeanor property-damage case, there has to be actual damage. For a felony, there has to be an injury. If the claimed damage is minimal or the injury connection is weak, that undercuts the charge.
You weren't the driver. Identity is sometimes genuinely in dispute. A witness catches a partial plate, a car matches a general description, and suddenly the wrong person is charged. Joe scrutinizes how the state connected you to the vehicle and to the driver's seat.
You did stop 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 this up.
There was a valid reason you left. In certain situations, leaving may be justified or excusable, for example if stopping created a genuine safety risk or if you left to get help. The circumstances matter.
Weaknesses in the evidence. As with any case, Joe looks at how the investigation was conducted, whether identifications were reliable, whether any statements were properly obtained, and whether the state can actually prove each element beyond a reasonable doubt.
Potential Outcomes
No lawyer can guarantee a particular result, and you should be wary of anyone who does. What follows is general information about how these cases can be resolved on the criminal side.
Charges declined or dismissed. When the prosecution can't prove you knew about the accident, can't establish you were the driver, or lacks evidence of actual damage or injury, the case may not survive. Joe pushes hard on these points.
Civil compromise on property-damage cases. In some misdemeanor property-damage hit and run cases, California law allows for a civil compromise, where the matter can be resolved after the injured party is compensated for their loss. This isn't available in every case and it isn't automatic, but where it applies it can be a very favorable path. Joe will tell you if it's a realistic option for you.
Reduction to a lesser charge. Depending on the facts, there may be room to negotiate a hit and run down to a less serious offense, which can mean lighter penalties and a better record.
Negotiated resolution. When the evidence is strong, the goal shifts to minimizing consequences, whether that's avoiding jail, reducing fines, or keeping a felony from landing on your record. The difference between a felony and a misdemeanor outcome is enormous, and that's often where the real fight is.
The penalties themselves vary widely. A misdemeanor property-damage hit and run carries lighter exposure, including fines, possible probation, and restitution. A felony injury hit and run is far more serious and can carry significant custody exposure. The specific outcome depends on the severity, your record, and the strength of the defense.