What Happens if You Hit Someone With Your Car by Accident, and They Die?

Key Takeaways

• Drivers in fatal crashes must call 911, remain at the scene, and avoid admitting fault.
• California Vehicle Code §20001 requires stopping and providing assistance after injury or death crashes.
• Leaving a fatal crash scene is a felony hit-and-run under California law.
• A fatal crash can lead to criminal charges and wrongful death civil claims.
• Wrongful death claims may seek funeral costs, lost income, and loss of companionship.

Few experiences are more tragic than a fatal car crash that any family or driver can experience. The sudden loss leaves relatives grieving, while the driver is left with questions that few ever imagine asking: what happens if you hit someone with your car by accident, and they die? At Milanfar Law Firm, PC, we provide guidance during these painful moments. In addition to the emotional toll, drivers may have to contend with criminal charges, wrongful death lawsuits filed by the family, and complicated insurance matters that can quickly become overwhelming without experienced legal help.

Legal Consequences of Fatal Car Accidents

Drivers involved in a collision that causes a death must call 911 right away, remain at the scene, and avoid making statements that could be taken as an admission of fault. Both criminal charges and civil liability are possible.

The California Vehicle Code §20001 requires a driver to stop at the scene of an accident involving injury or death and provide assistance and identifying information. Leaving the scene is treated as a felony hit-and-run. The law sets penalties that vary depending on the circumstances of the case: when injuries are involved, a conviction may mean up to a year in jail and fines ranging from $1,000 to $10,000. When the collision causes death or permanent serious injury, sentencing increases to two to four years in state prison or a minimum of 90 days in county jail, with the same fine range.

The exact penalties imposed can shift depending on several factors, including the driver’s prior record, the level of negligence involved, and whether aggravating circumstances such as intoxication or reckless speeding are present.

Criminal exposure often hinges on the circumstances of the crash. Factors such as intoxication, reckless speeding, or other dangerous behavior can lead prosecutors to pursue serious charges that carry lengthy prison terms and significant fines.

In some cases, families also ask, Are Parents Liable for 18-Year-Olds’ Car Accidents? Liability may depend on vehicle ownership, insurance coverage, and whether negligent entrustment can be shown under California law.

Difference Between Criminal Charges and Civil Liability

Criminal charges focus on punishment, while civil liability focuses on financial recovery for the victim’s family.

• Criminal charges may include vehicular manslaughter, DUI-related offenses, or reckless driving. Convictions can lead to prison time, probation, heavy fines, and a permanent criminal record.
• Civil liability arises when the victim’s family files a wrongful death claim. They may seek damages for medical expenses, funeral costs, loss of income, and loss of companionship. Civil cases do not require proof beyond a reasonable doubt, only a preponderance of evidence.

This dual system means a driver can be acquitted of criminal charges but still face a costly civil judgment.

Wrongful Death Claims After a Fatal Car Accident

When a family loses a loved one in a car accident, they may file a wrongful death lawsuit. In California, these claims allow spouses, children, and certain dependents to pursue damages. Compensation may include:

• Funeral and burial expenses
• Lost financial support
• Loss of companionship and guidance

For drivers asking what happens if you hit someone with your car by accident, and they die, the reality is that even if criminal liability is avoided, civil exposure can still be financially devastating. Insurance may cover some damages, but policy limits often leave drivers personally responsible for large verdicts.

Factors That Influence Liability in Fatal Accidents

Responsibility in a fatal car crash depends on how the collision occurred and the evidence available. Courts and insurance companies look closely at every detail to decide whether the driver is solely at fault or whether liability is shared. Common considerations include:

• Negligence or recklessness: Actions such as texting behind the wheel, driving under the influence, or speeding well above the limit are often decisive in proving fault.
• Comparative fault: California law allows fault to be divided. If the pedestrian or another driver contributed to the crash, the driver’s share of liability can be reduced.
• Evidence at the scene: Police reports, skid marks, surveillance footage, black box data, and witness testimony all carry weight.

Each of these factors often determines whether a case leads to criminal prosecution, civil claims, or both. This complexity is why legal representation is necessary.

Contact Personal Injury Lawyer in California

Free case consultation call us at (925) 592-1625

When To Contact a Fatal Car Accident Lawyer

Many drivers wonder, When Is It Too Late To Get a Lawyer for a Car Accident? The truth is, reaching out as soon as possible after a fatal crash is crucial to protect your rights and preserve evidence. The right time to contact a lawyer is immediately after a fatal accident. An attorney can protect your rights, guide you through police investigations, and communicate with insurers on your behalf. At Milanfar Law Firm, PC, we provide compassionate yet strong advocacy for Walnut Creek drivers and families dealing with these life-changing cases.

In case you are struggling with the repercussions of a fatal car accident call us today at (925) 433-6003. Our team is ready to review your case, explain your legal options, and help you take the following steps.

Shahrad Milanfar

Partner – Personal Injury Attorney

Shahrad is an experienced Oakland trial lawyer and mediator focused on catastrophic injury, civil rights, and product liability. He recently secured a $32 million verdict, showcasing his ability to win complex cases. With expertise in brain injuries, paralysis, and wrongful death, he’s known for being a powerful advocate and storyteller in court.

Free case consultation call us at (925) 592-1625