hit and run

Hit-and-run crashes are epidemic in the Sacramento area, and increasing. The statistics for Sacramento County, 2019-2023, are:

YearPercent Hit and Run
202310.6%
20229.8%
20218.9%
20209.6%
20198.1%

And for the City of Sacramento, 2019 through 2023.

Year
Percent Hit and Run
202313.8%
202211.7%
202110.1%
202011.1%
20199.1%

These statistics are from OTS Crash Rankings Results. Note that the year 2020 was the first year of the pandemic, and was a year of reckless driving on largely empty roads, nationwide. It is also the year that red light running became pandemic, and has continued to increase.

We do not know what percentage of the hit and run fatalities would not have been a fatality if the driver had stopped to render aide and to call EMS. But we have to assume that at least some of them would have been, particularly the incidents where the victim did not die immediately on site, but was transported to the hospital alive, and later died.

State law treats traffic violence as a less serious crime than any other. In fact, unless there is strong evidence that the driver was either far gone DUI, or intentionally ran down a walker or bicyclist, there is little legal consequence. Perhaps a fine, perhaps a temporary suspension of license, but a judge will frequently assign no penalty. Hit and run is considered a misdemeanor under law. CVC says “(c) Any person failing to comply with all the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

DMV apparently has not been assigning the two points for hit and run (Negligent Operator Treatment System), in many cases. As a response to the lack of action by DMV, AB 1685 to require DMV to assign points, among other things, passed the legislature but has not yet been signed by the (windshield) governor.

Involvement in a crash does not indicate fault. But hit and run does indicate a failure to remain on the scene and render aide. What should be the penalty for that? I think it should automatically be classified as a felony, as it is a act of violence, regardless of the circumstances of the crash. However, legislation to crack down on traffic violence in the legislature has been killed, or watered down, or vetoed by the governor. Legislators are as reluctant to hold drivers accountable as law enforcement and judges. It will probably be a long time before hit and run drivers suffer any higher level of imprisonment or fine.

So I’d like to suggest a consequence that does not involve a violation of CVC or driver points. Anyone convicted of hit and run would:

  • Have their vehicle confiscated. This is not impoundment, under which the driver would get their vehicle back eventually, but confiscation in which the vehicle is sold and money goes into a fund for street safety. Confiscation is important, because the sort of driver who will leave the scene of a crash is the sort of driver who will continue to drive so long as they have a vehicle.
  • Have their drivers license suspended for 10 years. Longer if there are additional circumstances such as DUI. Yes, this would be an immense burden on people who live in low density places, or live far from where they work, or drive as part of their work. That is exactly the point, to create a consequence that will impel most drivers to remain on the scene as the law requires.

Both of these actions would cause most drivers, except the ones who intentionally cause crashes, to remain at the scene. It does not mean that they caused the crash, that is a separate issue for a separate court case. It does mean that they followed the law. For those who hit and run, I have absolutely no sympathy. These are not only criminals, they are sociopaths.

Leave a comment