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Legal question - hit and run


Alpo

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If I'm walking down the street, and a car comes barreling up and hits me - whether he hits me head on, or tries to miss me and clips me with a fender, doesn't matter - and he does not stop but keeps on going down the road.

 

That is hit and run.

 

But if I just barely managed to jump out of a way, land badly and roll in the gutter, and hit my head on the curve and am bleeding, but the car did not touch me, and he keeps on going down the road, has any crime been committed?

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Had an incident where a vehicle was barreling down the road swerving all over the place and caused two other vehicles to attempt to avoid him, and as they did ran into each other. A witness got the license plate and we picked up the guy where the witness identified him as the driver causing the accident. Along with careless driving he was charged with leaving the scene of an injury accident. The judge convicted him. Was based on leaving, not hit & run which that charge does not exist, only leaving the scene of an accident. That is in K.C. MO.  

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To indirectly answer your question, you are, pretty much done, I’d say.  If you were able to locate that driver, however, I suppose you could go toilet paper his house, but he might consider that to be a windfall (of sorts)


Cat Brules

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17 minutes ago, Cat Brules said:

To indirectly answer your question, you are, pretty much done, I’d say.  If you were able to locate that driver, however, I suppose you could go toilet paper his house, but he might consider that to be a windfall (of sorts)


Cat Brules

 

Early one morning about ten or twelve years ago while brushing my teeth I looked out the bathroom window - and my bleary eyes beheld a most amazing sight!  My entire front yard looked like a winter wonderland, with hundreds of yards of white lacy TP fluttering from the trees and bushes.

 

After a couple of hours and with the aid of a tree pruning saw and a telescoping boat hook I finally managed to clear away what appeared to be an entire Costco Bonus Pack.

 

Later that day, I dropped in on a buddy.  As I told him the story, his eyebrows went up... then, he turned and yelled "Jared!  Get out here!"

 

His son walks out of the house... "Yeah, Dad?"

 

"Didn't I overhear you telling someone that you and your pals TP'd the coach's house last night?"  

 

"Yup!  Shore did, Dad!  Corner of Mesa and Manon!"

 

"You numbskull!  You missed it by a block and got the wrong house!"  Turning to me, he said "Make a list of any yard work you need done, and you get a day of free labor outta the lad!"

 

Wish I'd taken pictures.   :rolleyes:

 

 

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Should have been a week!!!

 

CB

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1 hour ago, Alpo said:

If I'm walking down the street, and a car comes barreling up and hits me - whether he hits me head on, or tries to miss me and clips me with a fender, doesn't matter - and he does not stop but keeps on going down the road.

 

That is hit and run.

 

But if I just barely managed to jump out of a way, land badly and roll in the gutter, and hit my head on the curve and am bleeding, but the car did not touch me, and he keeps on going down the road, has any crime been committed?  

 

Hit and run? NO. Reckless driving? Possibly. Speed alone does not constitute reckless driving.

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1 hour ago, Marshal Mo Hare, SASS #45984 said:

I was told, “no contact, no offense.”

That's pretty much what I was thinking.

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Likely Willful and Wanton Reckless Driving depending on the state laws. If he gets caught. And if there’s evidence/witnesses.
 

 

Possibly Attempted Vehicular Alpocide. 

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Even if you get a license number good luck trying to prove they almost hit you! You might get locked up for being nuts!:lol:

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Car kind of brushed me off going around a curve today, and a memory of an armed citizen from the American Rifleman God, 30 years ago at least, popped into my head. The guy had come home from playing with his M1 carbine out in the desert and found somebody running out of his house with an arm full of stuff and jumping into their car and driving away.

 

He told the cops that should be easy to spot. There were thirty .30 caliber holes in the back end.

 

"Yes officer it was a black Toyota. No I didn't get the license number, but it should be easy to spot. There are six bullet holes in the back window."

 

Probably not a good plan. But it was nice to think about.

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33 minutes ago, Utah Bob #35998 said:

Likely Willful and Wanton Reckless Driving depending on the state laws. If he gets caught. And if there’s evidence/witnesses.
 

 

Possibly Attempted Vehicular Alpocide. 

A misdemeanor of aggravating nature, depending on your location of course.

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It’s assault versus battery.  If someone takes a swing at you, that’s assault.  If this person actually hits you, it’s battery.  Not all municipal laws recognize assault by itself; so, you have to check.

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Let me reiterate a point I've made on numerous posts here:  The law is different in every state, county, and city.

 

Generally speaking, hit-and-run is a state charge, so it reads 50 different ways in the US alone.  So I can only give you an answer for the one where I have knowledge.  In Colorado, a "vehicle in motion causing damage or injury" is a traffic accident, WHETHER THERE WAS CONTACT OR NOT.  So in Colorado, your scenario would be a hit-and-run.

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2 hours ago, Marshal Chance Morgun said:

 

Hit and run? NO. Reckless driving? Possibly. Speed alone does not constitute reckless driving.

 

Again, every state, county, and city law reads differently.  In Colorado, a speed 20 mph or more greater than the posted or unposted speed limit is an automatic reckless driving charge.  

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58 minutes ago, South-Eye Ned said:

It’s assault versus battery.  If someone takes a swing at you, that’s assault.  If this person actually hits you, it’s battery.  Not all municipal laws recognize assault by itself; so, you have to check.

 

Ok folks, there is an emerging pattern here:  EVERY STATE, COUNTY, AND LOCAL LAW IS DIFFERENT!  Quoting / citing a law without saying where it is from is pointless.  In Colorado, your claim would be absolutely false.  Somewhere, it's probably true.  

 

You see Alpo, when you ask for free legal advice, you get what you pay for.

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4 hours ago, Alpo said:

If I'm walking down the street, and a car comes barreling up and hits me - whether he hits me head on, or tries to miss me and clips me with a fender, doesn't matter - and he does not stop but keeps on going down the road.

 

That is hit and run.

 

But if I just barely managed to jump out of a way, land badly and roll in the gutter, and hit my head on the curve and am bleeding, but the car did not touch me, and he keeps on going down the road, has any crime been committed?

Jaywalking maybe.

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Like when I was stationed in England.  Early winter morning, we, Limey and I, were going to a car boot sale.  The roads were icy, but drivable.  We were coming to a curve when another car traveling in the other lane, drifted into mine.  I swerved and locked up my brakes and ended up knocking a bridge abutment across the creek.  The driver stopped and we both waited for the police.  They showed.  The other driver said he didn’t wonder into to my lane.  I said he did.  What the officer said to me was, “since there was no trading of parts or paint, there’s no evidence that the other driver entered my lane, BUT something caused you to swerve and brake hard while you were obviously traveling in the middle of your lane.”

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