Pedestrian Killed in Hit-and-run in Bay Point (CA Vehicle Code 20001 and 20002)

Pedestrian Killed in Hit-and-run in Bay Point (CA Vehicle Code 20001 and 20002)

Rabin Nabizadeh
February 9, 2015

One of the wonderful things about living in the Bay area is that it’s a walking city.  Especially on days when the weather is warm, it’s easy to make the decision to walk to your destination if it’s close enough.  However, this quality that makes the greater S.F. area so amazing can also mean danger.  It seems as if there is a new item in the paper every week concerning a hit-and-run involving a vehicle and a pedestrian, usually with serious injuries to the pedestrian.  Just recently, a 25-year-old woman was legally walking through a crosswalk at Bailey and Canal when she was struck by an unidentified car; medical personnel called to the site of the incident pronounced her dead at the scene.  It seems that she did not survive long enough to give local law enforcement or other agents a description of the car that hit and killed her.

The truth is that it is likely because there are so many ‘vehicle versus pedestrian’ incidents in the region that California law is so strict concerning accidents involving a hit-and-run.  In California, a hit-and-run offense could be treated either as a misdemeanor or as a felony, depending on the specific circumstances of a case.  This is what is commonly referred to as a ‘wobbler’ and it is up to local prosecutors to determine exactly how they will charge someone.

Usually, however, if the hit-and-run involves the damage of property, it will be considered a misdemeanor offense.  However, if a person is involved and they are either seriously injured or killed, then this charge can rise to the level of a felony (California Vehicle Code 20001 and 20002).  Under the law, drivers are required to stop and wait for the police when they have been involved in any type of accident.  It doesn’t matter who was at fault or how the accident happened, the rule still applies.  If a person is convicted of a misdemeanor hit-and-run charge, they may face up to 6 months in county jail and a $1,000 fine.  However, if the conviction is for a felony hit-and-run, penalties vary, depending on the seriousness of the injuries.  For example, a felony hit-and-run penalty could be anywhere between 24 and 48 months in state prison.  There could also, as will be likely in the case above, be charges of gross vehicular manslaughter, which can add 5 years to this already lengthy sentence.

 

latest news

April 7, 2022
What Can I Expect After Being Arrested for a DUI in California?
A DUI charge is a severe criminal offense in California. DUI arrests take away a massive part of your driving privilege and could tarnish your reputation. Prior DUI convictions can inflict further damage to your career opportunities, driving rights, and immigration status. This blog will go over what you must expect when facing DUI charges. [...]
April 7, 2022
How Long Does a DUI Stay on Your Record in California?
DUI cases may stay on your criminal record forever. The United States sees DUI as a serious traffic crime punishable with grave penalties. Fighting your way through a DUI case is a challenging task. But, it doesn't mean you can't do anything about it. There are legal options available for you, depending on the nature [...]
April 6, 2022
Arrested for DUI in California: Am I Going to Lose My Job?
You've been charged with a DUI and have no idea what to do next. A lot of worries may run through your mind, including the fear of losing your job. Many aspects of a DUI charge can be overwhelming to a person, even to those familiar with California Law. In this blog, we will discuss [...]