What are the requirements for a hit and run driver to stop at the scene of an accident?

California, United States of America


The following excerpt is from People v. Martinez, H045108 (Cal. App. 2019):

person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004." "[A]lthough the Vehicle Code section 20001(a) offense is commonly referred to as a 'hit and run,' . . . the offense is 'more accurately described as fleeing the scene of an injury accident.' " (People v. Martinez (2017) 2 Cal.5th 1093, 1102.) "Under Vehicle Code section 20001(a), '[t]he occurrence of an injury accident is a condition precedent' to the imposition of a duty to stop, provide identification, and render aid'but [it] is not an element of the crime' in the sense that it constitutes part of the conduct forbidden by the statute." (Id. at pp. 1102-1103.) "[A] defendant who flees the scene of an injury accident has committed a crime even if the accident was solely the result of the victim's own negligence." (Id. at p. 1103.)

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