My daughter and I were rear ended and severly hurt in a hit and run accident. Thank God, my daughter is alright now, but I ended up with whiplash, a major concussion, and lasting back injuries. Also the emotional suffering has been horrible. The man who hit me was caught three wks later. He pled guilty to misdemeanor fleeing the scene, not having insurance, and driving at an unsafe speed (he was doing 70 in a 55). I am wondering why he wouldn't be charged with a felony. Also what would be a typical punishment? Since he has pled guilty, is there anything I can do? When I tried working with the DA, they didn't have time to talk to me, any other suggestions? By the way, there was an open 16 oz beer can under the steering wheel that he was not charged for, but the da never looked at the police file photos.
2006-12-05 18:40:41 · 11 answers · asked by missruralamerica 2 in Politics & Government ➔ Law & Ethics
"Hit and run" implies personal injury, as in your case. "Leaving the scene of an accident" is a lesser crime that usually involves only property damage. The latter is a misdemeanor; so is hit and run in the absence of aggravating circumstances in which case it can be a felony: http://www.ci.sf.ca.us/site/police_index.asp?id=19940 (San Francisco; i.e., California law).
It is hard to know why the police and prosecutor chose not to pursue the more serious crimes, including "open container of alcohol". Drunk drivers often judge it advantageous to leave the scene knowing that whatever they are charged with subsequently it won't be DUI, which brings additional penalties and perhaps longer suspension of license. (Half of suspended drivers drive anyway -- uninsured -- but that's another story, and a signal to all of us to buy lots of uninsured motorist coverage.) Depending on your state (you didn't identify it; I assume you are in the USA from your syntax and vocabulary) it might have been possible to pursue a felony charge; but by bargaining for a guilty plea the prosecutor saved himself effort. This is common.
No insurance. That could be serious jail; perhaps there was also a suspended license. And I do hope you have uninsured motorist coverage and that your medical expenses were paid.
In any case it is probably worth suing him. You might get a substantial default judgment; he can't go bankrupt against it and he might win the lottery some day (it has happened), and might have assets. If he has equity in a home, etc., it will belong to you.
Without more information it's not possible to make further suggestions. You really will need to consult with a lawyer in your state; although if the offender is penniless you may find it difficult to locate a lawyer who will actually pursue the case.
2006-12-05 18:46:56 · answer #1 · answered by Anonymous · 4⤊ 0⤋
The answer to that is to sue him for every penny that he is worth, make him pay the doctor bills for both you and your daughter. The future doctor visits as well.. If he is incapable of that, then he should be fined on penalties of felony hit and and run. Because under those obvious circumstances then he should be in jail for 15-25. Get a lawyer and appeal the case and up the ante on the penalty, because the investigation found further evidence. Forget the DA, you can do this yourself and win because you have the ammo.. the photos, doctor bills, the original court case
2006-12-05 19:19:25 · answer #2 · answered by SteamedCopper 3 · 0⤊ 0⤋
No. If you had a lineup with 9 hitters, all with 30 home runs, then each hitter hits a home run every 20 at bats. The chances of back to back homers on any given at bat. is (1/20)^2 or 1/400. The chances of three in a row is (1/20)^3 or 1 in 8000. The chances of 9 in a row is approximately one in 511 billion. With 30 teams and nine men batting on each team, approximately 5 at bats per player per game for 162 game there are about 218,700 at bats for all the teams in the major leagues in a season. That means that you could expect to get 9 consecutive homers every 2,340,000 years, approximately. I don't expect to live that long.
2016-05-22 23:25:20 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Frankly, I would be more interested in your getting a means to secure ongoing treatment for you and your daughter as sometimes injuries from these sorts of accidents are aggravated by time.
If you do not have a lawyer, then you should get one. I think you can bring a civil suit against him for damages and suffering.
Do not sign anything concerning this case.
2006-12-05 18:51:37 · answer #4 · answered by Anonymous · 1⤊ 0⤋
The crime committed was reckless imprudence resulting to accident and the penalty could be six to 12 months imprisonment plus fines. You can claim actual damages for the repair of the car and medical fees, moral and exemplary damages.
2006-12-05 18:45:31 · answer #5 · answered by FRAGINAL, JTM 7 · 1⤊ 0⤋
I would think you should at the very least be able to file a civil suit..for injuries,pain and suffering..and I'm sure a good lawyer could find a few more to throw in there..
By all means get yourself one!
2006-12-05 18:53:08 · answer #6 · answered by Anonymous · 1⤊ 0⤋
I know it is hard, but there are two perspectives for these accident. Sometimes people do horrible things, though they never meant to do so, and they get a fright and run away do to their uncontrollable panic.
2006-12-05 18:56:11 · answer #7 · answered by Avner Eliyahu R 6 · 0⤊ 1⤋
Ship 'em to North Korea.
2006-12-05 19:03:28 · answer #8 · answered by DenimGuy555 2 · 0⤊ 0⤋
a good punishment would be that the victims get to hit and run the bad guy...... lol
look, sorry darl, though im happy for your daughter, you should be too, she's got a life to live, and years to exprerience that you already experienced......
2006-12-05 18:51:26 · answer #9 · answered by flee1906 5 · 1⤊ 0⤋
Public flogging.
2006-12-05 18:56:59 · answer #10 · answered by Anonymous · 0⤊ 0⤋