prosecution alleges that the defendant drove the vehicle, give CALCRIM No. 2140,
Failure to Perform Duty Following Accident: Death or Injury—Defendant Driver.
If causation is at issue, the court has a sua sponte duty to instruct on proximate
cause. (People v. Bernhardt (1963) 222 Cal.App.2d 567, 590–591 [35 Cal.Rptr.
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 5(e) only if the accident caused a death.
Give the bracketed portion that begins with “The (owner/passenger in control) 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 section of CALCRIM No. 2140, Failure to Perform Duty
Following Accident: Death or Injury—Defendant Driver.)
Give the bracketed paragraph deﬁning “involved in an accident” if that is an issue
in the case.
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.
Give the bracketed paragraph that begins with “If the defendant told the driver to
stop” if there is sufficient evidence that the defendant attempted to cause the
vehicle to be stopped.
• Elements. Veh. Code, §§ 20001, 20003 & 20004.
•Sentence for Death or Permanent Injury. Veh. Code, § 20001(b)(2).
• 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
CALCRIM No. 2141 VEHICLE OFFENSES