Emotions can be high when it comes to a car accident. You may be angry at the other driver, or on the reverse, the other driver could be angry at you. Words could be exchanged; threats could be made.
You may not feel safe at the scene of the accident if the other driver is threatening you in a way that makes you feel that your safety is at risk. What would the consequences be should you leave the scene to get away from the threatening person?
We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
I Was Threatened. What Should I Do?
If you have been in an accident in which the other driver threatened to harm you, such as to be violent and physically harm you or destruct your property and the threat is credible or believable, then it is a criminal act.
For it to be a credible threat, there should be some context that makes either the victim or someone in the victim’s situation, believe that the aggressor is serious and would be willing and able to carry out the threat.
If the responding law enforcement officer determines that the threat is credible, then an arrest may be made with charges filed against the aggressor. An individual who threatens to harm someone else or threatens to damage their property can face serious penalties for their criminal acts.
Being threatened with bodily harm is confusing as well as frightening. Regardless of whether you know the person who is threatening you, it could be difficult to determine what actions you must take to protect yourself.
If you believe that the threat is real and the person making the threat has the capability of doing so, then you should call the authorities right away and report the threat. If you are not certain about the threat credibility, it should still be reported to the local police.
If a threat is occurring in real life, face to face, such as after an accident, it should be taken seriously, and you should work to get out of the situation and get to safety.
You shouldn’t have to face a situation in which you feel threatened or fear physical harm. Be sure to stay alert of the situation and keep your distance. Make leaving a last resort, but if you believe your life could be in danger, you should act accordingly.
It is suggested that you call 911, explain the situation, and explain that you are leaving the scene, why you are leaving and where you are going so they can meet with you and complete the accident report. If you can make an officer aware of the situation and say you feel threatened, you may be less likely to face criminal charges for leaving the scene of the accident and being charged with hit and run.
Staying on the Scene
Generally speaking, you need to stay at the scene of the accident. In fact, leaving the scene of an accident is actually a crime. If you feel your life is at danger, it is recommended you get back in your car and call the police. Wait for the police to get there and handle the other driver.
Not only would you be following the law but you will also be securing your side of the story of what happened. If you leave, you run the risk of the other driver only giving his or her side of the story to the police. That will only hurt your case should you pursue a claim or a case in court.
That police report can hold a lot of weight, and the last thing you want is to walk into court or approach a claims adjuster with that one mark already made against you.
How Were You Threatened?
However, threatening can mean a lot of things. Threats can be words but they can also be much more. If the other driver is threatening you with a weapon and you feel your life is in extreme danger, getting back in your car and waiting for the police may not be an option. At that point, your leaving the scene of the accident may be justified.
You should be prepared to fully explain what happened, and it does help if a witness or witnesses saw what happened at the time you were threatened. That might be a difficult if you are not in a highly-populated area, but if it is possible, get the name and contact information of witnesses before you leave the scene.
Location of Accident
Where were you when the accident occurred? Did the collision occur on a busy road, or was it on a road very rarely traveled in the middle of nowhere where there would be no witnesses?
If the accident occurred on a road less traveled and the other driver is threatening you, it would be understandable that you would feel your life would be in danger and you need to get out of the situation as quickly as possible.
The police as well as the insurance company will take these circumstances into consideration when determining fault. However, use caution when making this decision given the fact that leaving the scene of an accident is considered criminal.
What If There Are No Witnesses?
Witnesses can play an important role in proving fault after a crash and in helping with criminal charges. However, not all accidents and situations have witnesses. If there aren’t any witnesses, you should gather as much documentation and supporting evidence as possible.
You can still have a successful claim and you can still succeed in proving what happened.
You should call the police right away. Next, if you are physically able to do so, get photos of the accident scene including photos of any damages that resulted from the accident. Be sure to jot down details of the accident while it is fresh in your memory.
The accident report can also be very helpful and prove what happened. The responding officer will investigate the accident, talk to all parties involved, and determine preliminary fault. The officer will detail the crash in the accident report.
Check to see if there is a surveillance camera in the vicinity. There may be business or residential cameras that caught all or part of the accident on video, or there may be traffic cameras in the vicinity that caught some of the incident.
The more evidence that you have, and video that can be reviewed, the more likely you are to succeed with your personal injury claim after an auto accident.
Tempers can flare after an auto accident. If the other driver seems irate or agitated, it may be best to record the discussion from that point on. You can use your phone to do this. This evidence should be shown to the responding officer and should be saved for use in court as necessary.
If there is a legitimate concern for your safety because of the threats being made by the other driver, you will want to get out of harm’s way and away from the accident scene.
Do I Need A Lawyer After Leaving The Scene Of The Accident?
Criminal law requires the driver of a vehicle involved in an accident to stay on the scene of the crash. However, if you honestly believe you are facing physical harm or your life could be in danger, you should leave the scene.
If you leave the scene of an accident, depending on your location, you may face a misdemeanor or a felony charge as a driver. However, if you can prove you were threatened and believed you were in danger, there may be an exception.
A misdemeanor charge for a hit and run or for leaving the scene of an accident is not as serious as felony charges, but it is still a criminal charge. Hit and run charges only apply to drivers, and don’t apply to vehicle passengers.
The exact definition of a misdemeanor charge and the penalty that accompanies such charges varies from one state to another. If you flee the scene of an auto accident because you were threatened by the other driver, you should talk with an attorney who handles such cases in your state.
When you enlist the help of a personal injury lawyer, you will not have to pay any upfront fees or out of pocket expenses. Personal injury attorneys work on the contingency basis, which means that your lawyer will not get paid until you recover compensation for your damages through a judgment or a settlement with the auto insurance.
There is a strict statute of limitations for pursuing a personal injury claim after a car crash, so don’t wait until it is too late to file a claim. Schedule your free case evaluation today. You want to address the personal injury claim and the situation in which you were threatened and had to leave the scene of the crash.
Contact an Attorney Today
If you are the victim of a car accident and have left the accident scene, you should speak with an attorney to discuss your case. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
You should speak with a personal injury attorney in your area today to receive the compensation for your:
- Medical bills
- Property damages
- Pain and suffering
