Here's the story, I'll try to make it short. I had my transmission flushed today. Nothing was wrong with the car just thought I was doing myself a service. Anyways I'm driving along the highway. The transmission blows. I pull over to the right side of the road. I leave my car there. Somebody hit my car from behind. They're hurt physically, and I'm being charged with reckless endangerment. The police said I should have called them. Would you say the police were correct in their charge, and is it some law that your supposed to call when your car brakes down. I live in Connecticut.
2007-02-21 22:59:12 · 12 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Yes my hazards were on, I was about a foot or less away from the curb.
2007-02-21 23:09:54 · update #1
It's really sad when this type of situation occurrs, however, because there was a physical injury involved, and your vehicle parked upon the roadway was the "primary factor" that caused the injury, your case falls under the Connecticut law of "Reckless Endangerment."
Connecticut has two levels of this offense, those being a 1st Degree and 2nd Degree Reckless Endangerment.
The definition of this law is:
Sec. 53a-64. Reckless endangerment in the second degree: Class B misdemeanor. (a) A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a risk of physical injury to another person.
(b) Reckless endangerment in the second degree is a class B misdemeanor.
You may wish to contact an attorney who specializes in traffic cases who MIGHT argue that the injured driver was careless in their actions to not have avoided a disabled vehicle upon the roadway.
Best wishes!
2007-02-22 01:36:19 · answer #1 · answered by KC V ™ 7 · 1⤊ 0⤋
What I don't understand is how do people hit cars that are pulled off to the side of the road!??! And yet, you see that happen all the time. I don't legally know the answer to your question, I'm sorry to say. What they said makes sense, but in my head I would question why the other driver was driving off the side of the road...isn't that reckless endangerment? Also, not everyone has a cell phone, so not everyone could call. They would have to abandon their car to get help. How long did you leave your car there? Anyway, I feel for you because all these questions would be running through my head. Check your phone book for free legal advice and give a lawyer a call if you aren't sure. Your insurance company might be able to help you there too.
2007-02-21 23:06:08 · answer #2 · answered by ubiquitous_mr_lovegrove 4 · 0⤊ 0⤋
A Judge will decide whether you are guilty or not. However, a lot depends on whether your car was in any part obstructing the roadway.
If even just a few inches were on the roadway, you caused an obstruction.
From your comment that you were a foot or less from the curb it sounds like you left the vehicle on the road. Was it a nonparking area?
Normally, if someone hits you from the rear, it is their fault. The exceptions include obstructing a roadway and creating a hazard.
2007-02-22 01:02:12 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I am from Connectiucut as well. The problem is it depends on which highway you were on. If if was 95 of 91 you shouldn't have been charged you had no control and there are plenty of light and room on those 2 highways that only an idot couldnt see your parked car. If you were on 15 or 25 then I would say maybe since the roads are dark and narrow with no shoulders. Good Luck
2007-02-21 23:06:26 · answer #4 · answered by momof467309 3 · 0⤊ 0⤋
If your car was legally parked you didn't do anything wrong. If it was a hazard you should of had the car removed or called the police. Sounds like it was probably a hazard if somebody hit it.
2007-02-22 01:40:33 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes
2007-02-21 23:07:02 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You are obligated at the very least to turn your hazard lights on to warn others of a break down, or set up other warning signals.
2007-02-21 23:03:27 · answer #7 · answered by WC 7 · 0⤊ 0⤋
evry law and insurance company agent as well as every driver in america will remind you of this right now....
"accident's in the rear are the fault of the rear driver" and if you actually were gone then you didn't do anything wrong because the accident was his fault.
2007-02-21 23:06:36 · answer #8 · answered by ? 5 · 1⤊ 0⤋
it should have been 4 feet off the road
2007-02-21 23:03:21 · answer #9 · answered by booge 6 · 0⤊ 0⤋
Explain your case to the judge and quit your bitXXing
2007-02-22 00:00:45 · answer #10 · answered by Flanman 2 · 0⤊ 1⤋