In most cases, traffic violations do not result in criminal charges. Instead, the driver pays a fine for violating California traffic laws. However, if the driver caused an accident, they could be civilly liable for damages the victims sustained because of the car crash. However, there are some situations where a driver could be charged with a crime after a car accident. Five scenarios that could make a car accident criminal in California include:
Hit-and-Run Accidents
When a driver is involved in an accident, the driver is required to stop or immediately return to the accident, according to California Penal Code §20001. California has several laws specifically targeted toward hit-and-run drivers. Typically, a hit-and-run charge is a misdemeanor. A conviction could result in fines and time in county jail. If the hit-and-run driver caused a death or serious bodily injury, they could face felony charges resulting in years in state prison.Driving Under the Influence
California DUI laws make it illegal to drive under the influence of alcohol and/or drugs or drive with a BAC (blood alcohol content) above the legal limit. In addition, if the injured party proves that the drunk driver caused the accident, the victim could be entitled to compensation for damages. In either case, the car crash will likely result in DUI charges for the impaired driver. A conviction for DUI in California could result in fines, a suspended driver’s license, DUI school, jail, community service, and other penalties.Vehicular Manslaughter
Sadly, some car accidents result in someone’s death. The victim’s family can sue the at-fault driver for damages in a wrongful death case. However, the state could also charge the at-fault driver with criminal charges. California Penal Code §192(c)(1) defines the crime of vehicular manslaughter. A person could be guilty of vehicular manslaughter when:- They are in control of a vehicle;
- Causes an accident because of their acts or omissions; AND,
- The car accident is the proximate cause of someone’s death.
- Distracted driving, such as texting while driving, eating, putting on makeup, reading, etc.
- Following the car in front of you too closely or tailgating
- Running a stop sign or failing to yield the right of way
- Making an illegal U-turn or improper lane change
- Falling asleep at the wheel and drowsy driving
Reckless Driving
Reckless driving is defined in California Vehicle Code § 23103. If you cause an accident while driving recklessly, you could be liable for personal injury damages. Reckless driving includes, but might not be limited to:- Operating a vehicle with a wanton or willful disregard for the safety of other people or property
- Operating a vehicle in an unauthorized speed contest or organizing an unauthorized race
- Participating in or performing unauthorized trick driving displays, such as stunts
- Causing a bicycle accident or pedestrian accident by failing to use reasonable care while driving