Los Angeles Criminal Defense Lawyer Blog

Tragedy has again struck the family of well-known actor Macaulay Culkin, child star of the Home Alone films. His 29-year-old sister Dakota Culkin died tragically yesterday from massive head injuries sustained after she was hit by a car in Los Angeles. Eschewing the Hollywood spotlight chased by her six siblings, Dakota preferred to work behind the scenes, carving out a respected career in Hollywood's production studios.

While tragic, according to police reports, this was not a case of hit and run or vehicular manslaughter. The driver did all the things a criminal defense attorney would tell you to do in such circumstances. He did not flee in panic. He was not driving under the influence of drugs or alcohol. He was not driving recklessly. He stayed at the site and identified himself. A statement released by the Los Angeles Police Department noted, "The driver stopped, rendered aid, and identified himself as required by law. Detectives have determined that the driver was not under the influence of drugs or alcohol, so no crime was committed."

This is precisely what you need to do when you are involved in any type of vehicle accident, says experienced Los Angeles criminal defense attorney Stephen Rodriguez, whether the accident involves a pedestrian, a bicycle or another vehicle. Under California law, parties involved in an accident must do the following:

• Stop


• Render aid


• Notify police


• If injuries or major property damage are involved, remain at the site until police arrive


• Identify yourself

To avoid a hit and run charge, Rodriguez recommends stopping immediately after an accident or collision and immediately providing the other party with your full name, valid driver's license number and state of issuance, vehicle ID number (VIN), and your insurance carrier's name, address, phone number and policy number. If you collide with an unoccupied parked car, it is acceptable to leave a visible note containing your contact information and the facts surrounding the case. In all cases, police must be notified and a police report filed, Rodriguez stresses. To avoid a charge of hit and run, these procedures must be followed even if you were not at fault.

Penalties for misdemeanor hit and run that involve minimal damage can include 6 months in county jail, fines and victim restitution. When major property damage, serious injury or death occur, you can be charged with a felony that may carry a sentence of several years in state prison, thousands of dollars in fines, DMV points and license suspension. In cases where intent or alcohol or drug use can be shown, you can be charged with vehicular manslaughter, a serious felony.