JUSTICENTER Personal Injury Lawyers | June 10, 2025 | Car Accidents
Hit-and-run accidents are taken seriously in California. Leaving the scene of a crash without stopping can lead to criminal charges, even if the damage seems minor. If you’re involved in a hit-and-run in Sherman Oaks or anywhere in Los Angeles County, you could still be charged days, months, or even years after the incident, depending on the facts.
Understanding how long after a hit-and-run accident you can be charged is important. Once the statute of limitations expires, you can no longer be prosecuted for the crime.
What Is the Statute of Limitations for a Hit-and-Run in California?
The time limit for filing criminal charges depends on whether the hit-and-run is a misdemeanor or a felony.
The following are the statutes of limitations:
- Misdemeanor hit-and-run: This applies to accidents involving property damage only. Under California Vehicle Code § 20002, the driver must stop and leave their information. If they fail to do so, prosecutors have one year from the date of the incident to file charges.
- Felony hit-and-run: This applies when someone is injured or killed. Under California Vehicle Code § 20001, the state has up to three years to file felony charges against the driver.
The deadline starts on the day of the crash. If prosecutors miss that deadline, the case is likely barred from moving forward unless an exception applies.
What if the Driver Is Not Found Right Away?
Many hit-and-run drivers leave the scene before they are identified. Police may later identify the vehicle through surveillance footage, eyewitness reports, or forensic evidence like vehicle paint or broken parts.
The statute of limitations still starts on the date of the accident, even if the driver is not found immediately. However, some delays may be allowed if the driver actively evades law enforcement or leaves the state.
If prosecutors can show that the driver tried to avoid being caught, the court may pause the statute of limitations through a process called “tolling.” This gives the state more time to bring charges.
What Happens if the Deadline Passes?
Once the statute of limitations has passed, the state generally cannot press charges, meaning:
- A misdemeanor hit-and-run can no longer be prosecuted after one year.
- A felony hit-and-run can no longer be prosecuted after three years.
These limits are strict in most cases. Even if the driver later confesses, the case may be dismissed if the deadline has expired. However, civil lawsuits for damages may still be possible, even if criminal charges are no longer allowed.
What Should You Do After a Hit-and-Run?
If you are the victim of a hit-and-run accident, act quickly:
- Call the police immediately
- Get medical help if needed
- Take photos of the scene
- Write down anything you remember about the vehicle or driver
- Ask nearby businesses or homes for security footage
- Report the incident to your insurance company
If you are accused of leaving the scene, do not try to handle it alone. Talk to a criminal defense attorney before speaking to police or insurance investigators. Statements made early on can be used as evidence later.
How Long Can Police Keep Investigating?
Even if prosecutors have a deadline to file charges, police can investigate for as long as necessary. In many cases, officers work behind the scenes while reviewing evidence, checking surveillance footage, or waiting for lab results. If they identify a suspect within the time limit, prosecutors can still bring charges even if the investigation was slow.
Why Timing Matters in Hit-and-Run Cases
Hit-and-run charges come with serious consequences, including fines, jail time, license suspension, and a permanent mark on your record. Understanding the time limits involved helps protect your rights. Whether you are a victim or a suspect, knowing how the statute of limitations works can help you act quickly and avoid costly mistakes.
Contact a Sherman Oaks Personal Injury Lawyer for a Free Consultation
If you have been injured in an accident in Sherman Oaks, California, then JUSTICENTER Personal Injury Lawyers is ready to help. Contact us today at (833) 852-3600 for a free consultation.
Our main office is in Encino, CA, but we serve all through Los Angeles County.
JUSTICENTER Personal Injury Lawyers
16633 Ventura Blvd suite 1011,
Encino, CA 91436
