401].) If the evidence indicates that there was only one cause of death or injury, the
court should give the “direct, natural, and probable” language in the ﬁrst bracketed
paragraph on causation. If there is evidence of multiple causes of death or injury,
the court should also give the “substantial factor” instruction in the second
bracketed paragraph on causation. (See People v. Autry (1995) 37 Cal.App.4th 351,
363 [43 Cal.Rptr.2d 135]; People v. Pike (1988) 197 Cal.App.3d 732, 746–747
[243 Cal.Rptr. 54].)
If the defendant is charged under Vehicle Code section 20001(b)(1) with leaving
the scene of an accident causing injury, but not death or permanent, serious injury,
delete the words “death” and “permanent, serious” from the instruction. If the
defendant is charged under Vehicle Code section 20001(b)(2) with leaving the
scene of an accident causing death or permanent, serious injury, use either or both
of these options throughout the instruction, depending on the facts of the case.
When instructing on both offenses, give this instruction using the words “death”
and/or “permanent, serious injury,” and give CALCRIM No. 2142, Failure to
Perform Duty Following Accident: Lesser Included Offense.
Give bracketed element 4(e) only if the accident caused a death.
Give the bracketed portion that begins with “The driver is not required to provide
assistance” if there is an issue over whether assistance by the defendant to the
injured person was necessary in light of aid provided by others. (See People v.
Scheer (1998) 68 Cal.App.4th 1009, 1027 [80 Cal.Rptr.2d 676]; People v. Scoﬁeld
(1928) 203 Cal. 703, 708 [265 P. 914]; see also discussion in the Related Issues
Give the bracketed paragraph deﬁning “involved in a vehicle accident” if that is an
issue in the case.
Give the bracketed paragraph stating that “the driver is required to identify himself
or herself as the driver” if there is evidence that the defendant stopped and
identiﬁed himself or herself but not in a way that made it apparent to the other
parties that the defendant was the driver. (People v. Kroncke (1999) 70 Cal.App.4th
1535, 1546 [83 Cal.Rptr.2d 493].)
Give the bracketed paragraph that begins with “If the accident caused the defendant
to be unconscious” if there is sufficient evidence that the defendant was
unconscious or disabled at the scene of the accident.
On request, give CALCRIM No. 2241, Driver and Driving Deﬁned.
• Elements. Veh. Code, §§ 20001, 20003 & 20004.
•Sentence for Death or Permanent Injury. Veh. Code, § 20001(b)(2).
• Sentence for Injury. Veh. Code, § 20001(b)(1).
• Knowledge of Accident and Injury. People v. Holford (1965) 63 Cal.2d 74,
79–80 [45 Cal.Rptr. 167, 403 P.2d 423]; People v. Carter (1966) 243
Cal.App.2d 239, 241 [52 Cal.Rptr. 207]; People v. Hamilton (1978) 80
CALCRIM No. 2140 VEHICLE OFFENSES