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Questions regarding Hit and Run Accident.

El Paso, TX |

I was driving down the city highway late at night with my younger brother in the passenger seat, and this vehicle in front of me entered my lane and hit the front of my vehicle. The vehicle i was driving was a family members but i had insurance under my name. I did not have my license on me and i was scared about the accident and how my family member would react so i fled the scene. The other vehicle stayed behind. I do not know if he called the police that moment, but almost 10 months later, it was found that he filed a police report and the hit and run charges are sticking to my family member. I believe this guy may have been drunk that night. What do i do? Is there traffic camera footage to show he hit me? My younger brother also saw that this guy merged into my lane and hit me.

Attorney Answers 7

Posted

Bottom line is that you and your family member need to retain a criminal lawyer to resolve the hit and run charge.

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Posted

Don't admit to crimes or fault on a pubic forum. The owner's insurer likely owes you a defense (unless you were an excluded driver). You might want to hire personal counsel as you could still be charged with failure to stop and render aid - the likelihood of late charges increases if the injuries/damages are serious. Only admit what you did to your lawyer, and not to an adjuster or anyone else.

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1 comment

David A. Papa

David A. Papa

Posted

great points

Posted

The fact of the matter is that you fled the scene of an accident. A person who is involved in an accident is required to provide information and provide reasonable assistance to any person injured in the accident. You would have been able to defend yourself in the accident matter if you did not flee the scene. If charges were filed in connection with the hit and run accident, the defendant should have received notice of the charges and would have been able to defend the case. You may also be sued by the other driver's insurance company for any amounts that it paid on the claim of the other party. You should immediately contact a local criminal defense lawyer for consultation and advice.

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Posted

You immediately need to consult with a criminal law attorney to address the criminal hit and run charges being brought against you and your family member who can investigate the facts and provide you with representation. Do not delay. Use the Find a Lawyer tab on Avvo to find attorneys in your area. Best of luck to you...

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Posted

You need to consult with a local criminal defense/traffic attorney.

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Posted

if this happened in texas, you should consult with a licensed texas lawyer asap , good luck.

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Posted

Well…it appears you haven't been charged with a crime, your family member has because the car was registered to them and it seems the other driver got the tag number. In order to make the hit-and-run charge stick the State would have to prove beyond a reasonable doubt that your family member was driving the vehicle. If your family member has been charged with hit-and-run, they need to speak to a criminal defense attorney. Their obvious defense would be that they weren't driving the vehicle, you were, but then they'd drop you in the grease (I appreciate they may or may not care about that).

If you get charged with something, while I don't practice criminal defense I'm told the protocol is don't make any statements to the police and ask to speak to your attorney. If you've watched First 48 on the Discovery Channel you've probably seen that people only create problems for themselves when they try to explain to the police.

To answer your specific question about traffic camera footage: I don't know, but I highly doubt it. The accident was ten months ago for one, and for another thing highway camera footage is rarely archived. Usually it is a live feed that is not preserved (otherwise the camera operators would get about 100 subpoenas a day from lawyers for people involved in accidents).

Next time you get in an accident that's not your fault (or even that is your fault) stay at the scene.

Disclaimer: answers posted by attorney Daragh Carter to questions posted on AVVO are NOT privileged or confidential and will not and should not be construed to create an attorney-client relationship between attorney Daragh Carter and you or anyone else.

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