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Did You Leave The Scene Of An Accident Even Though You Were Not At Fault?
Ohio state law requires everyone involved in an accident on a public road or parking lot to report the incident to the police. Hit-and-run status also imposes legal obligations to remain on the scene, speak to investigators, alert emergency medical personnel of injuries and, if possible, provide first aid to those injured in the incident. ‘wreck.
The rules apply equally to the person causing the accident and to the victims. One of the implications of this is that victims of hit-and-run collisions can be charged with having fled a shipwreck. Another is that failing to call in the event of an accident can greatly complicate the insurance claim process, largely because no official police report will be generated.
Understand, however, that leaving a note on a parked car can protect an offending driver. Similarly, a person who returns to a damaged car will not face problems for failing to report the incident immediately after it occurs. When a hit-and-run involves an unoccupied vehicle, some leeway is allowed.
How a victim can be blamed for a hit-and-run
Imagine a pile of four vehicles at an intersection. A truck driver set off the chain reaction by failing to brake in time as he approached a red light. He slams into the back of a car, pushing it into the lane of traffic crossing a side street with a green light. If the truck driver and the person in the car take off without checking people in other cars, giving statements and insurance information to law enforcement officers, and calling 911, both can be charged with the offense that Ohio courts call leaving the scene of an accident.
Problems with Hit-Skip Victim-Blaming
Even if the person driving the vehicle was the victim of the trucker’s negligence or recklessness, they must comply with the law on hit and run in order to avoid possible criminal consequences. The victim may have panicked or simply assumed they didn’t need to stay because the truck driver was clearly at fault. The police and the court would not be inclined to accept either excuse at face value, so hiring a hit and run defense attorney would be a good idea for the driver.
Beyond the legal concern, staying on the scene would save the driver from being suspected of causing any part of the wreckage and inflicting injury. Simply being accused of causing a hit-and-run collision can make it impossible to file and collect insurance claims. Insurers will work hard to deny claims from a driver they believe to be at fault.
Talking to a lawyer who does hit-and-run defense can help in a situation like this. The lawyer will be able to organize and present evidence to support the victim’s right to make claims. The lawyer could also use evidence to explain why leaving the scene of the accident would be understandable and forgivable.
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