Laws of the road in N.C.?

Question

Ww live in Texas. Had an accident in N.C. We were run off the Interstate by another driver wanting our lane. They claim another driver hit them so she moved in our lane. We stopped exchanged info . No one hurt (by the Grace of God) minimal damage to our vehicle . Quote is $2,000 for repair. we left we had somewhere we needed to be. The trooper came because they called about the hit and run driver. Trooper called my cell but didn't hear it, later got the message tried to call back but it was from a private # and did not save. Next AM he called and we met him. He gave us citation for not immediately stopping. He got all the info from the people who stayed so he gave us also the driver exchage info. I am having a real problem with this citation. I have to appear in court in Statesville or hire an attorney. I got solicitations from atty's up ther and it says Hit/Run Fail Stop Prop Damage. I s there a law that says you have to wait on the side of a high traffic Int. or what?

We did take pictures. The law in TX say' s to exchange info. get off the side of road or your car will be towed. It is called the Safe Clear program. You have 10 days to file an accident report. with these circumstances. Do I have to know the exact statute of every state I travel through Just in case someone wants to run me off the road. I feel like a victim. Why should I have to take on the expense and time off from work to go plead my case. I did not create the situation and I have to get my car repaired(their) ins. is paying for it. Find an attorney and pay big bucks. This is ludicrous. This link calls it a hit/run if you don't stop. we did!!

Answer 1

Hit/Run Fail Stop Prop Damage

Not Guilty, Not Guilty, Not Guilty

Go to court and your case will be won. They will appoint you an Attorney if you need one and can't afford to pay for one.

Next time use your camera to take pictures. If you don't have one, get one, and keep it in the car. Even if its on your cell phone.

Go to the police station and ask for a copy of the police report. This report will either indicate you as a hit and run driver from the words of the complaint. Or just indicate you as the second party in the accident. The problem here is since they stayed and filed a police report it automatically implicated you as a hit and run driver. Because they are saying the issue was not resolved.

You don't need to worry about an Attorney. Your insurance conpany has Attorney's and the 2 insurance companies will battle it out. Just turn over all your information to your insurance company.

ATTORNEY'S
http://www.dmv.org/nc-north-carolina/traffic-ticket-attorneys.php

Read Carefully the keywords your looking for is "If the accident is a reportable accident" The difference I believe here is if someone is hurt you must stay. If not and you stop your vehicle to exchange information and settle everything between the 2 of you thats legal.

§ 20‑166. Duty to stop in event of accident or collision; furnishing information or assistance to injured person, etc.; persons assisting exempt from civil liability.
(c) The driver of any vehicle, when he or she knows or reasonably should know that the vehicle which he or she is operating is involved in an accident or collision, which accident or collision, results:

(1) Only in damage to property; or

(2) In injury or death to any person, but only if the operator of the vehicle did not know and did not have reason to know of the death or injury;

shall immediately stop the vehicle at the scene of the accident or collision. If the accident is a reportable accident, the driver shall remain with the vehicle at the scene of the accident until a law enforcement officer completes the investigation of the accident or authorizes the driver to leave and the vehicle to be removed, unless remaining at the scene places the driver or others at significant risk of injury.

Answer 2

In Chicago we have the fender/bender law. If no one is injured and the cars are drivable, you have 24 hours to report an accident. People still stop on our dangerous expressways and wait for a trooper to come. These people need to be horse-whipped.

Answer 3

Well, I'm very glad nobody got hurt!
I live in Va. only 1 1/2 miles from NC border line , but I'm not sure about their laws.
I hate this happened to you, but something sounds "fishy" about the way the Trooper handled this!
If you stopped & exchanged information, why would he give you a citation for not stopping?
Talk to a Lawyer about this, {sometimes you can get free advice}.

Good Luck to you!!

Answer 4

Here is the exact statute in NC that deals with your circumstances.

§ 20-166. Duty to stop in event of accident or collision; furnishing information or assistance to injured person, etc.; persons assisting exempt from civil liability.

Please click on the weblink for the entire statute.

Answer 5

Yes...you must wait for the police to arrive when there has been an accident. Leaving the scene before then is called hit and run..you are guilty of that.

It's not just NC that has that law, it is nationwide and in most foreign countries.

Suck it up...you are in trouble.

Answer 6

If there's a regulation against it then I see a regulation breaker very very nearly common (lol) notwithstanding if there's a regulation against it i think of it is tolerated... i think of dirt roads do no longer fall decrease than an identical regulations and regulations as paved county or state roads... i think of which you would be high-quality driving on the dirt highway.

Answer 7

Barb - lots of departments will not even make a report unless there is someone injured.


You should have the name of the other party. See if they will give you a notarized statement that you DID in fact stop.