Ohio state law requires every person involved in an accident on a public highway or in a parking lot to report the incident to the police. The hit and run statute also imposes legal obligations to remain at the scene, speak with investigators, alert emergency medical personnel when injuries occur, and, when possible, provide first aid to people who were injured in the accident.
The rules apply equally to the person causing the accident and to the victims. One of the implications of this is that victims of hit-and-run collisions may be charged with leaving after an accident. Another is that not calling in the event of an accident can greatly complicate the insurance claims process, in large part because an official police report will not be generated.
However, understand that leaving a note in a parked spot can protect the at-fault driver. Likewise, a person who returns with a damaged car will not face problems for not reporting the incident immediately after it occurred. When a hit-and-run involves an unoccupied vehicle, some wiggle room is allowed.
How a Victim Can Cope with Blame for a Hit and Run
Imagine a stack of four vehicles at an intersection. A truck driver set off the chain reaction by failing to brake in time as he approached a red light. He crashes into the rear of a car, pushing it into the path of cross traffic from a side street on a green light. If both the truck driver and the person in the car leave without checking on the people in the other cars, giving statements or insurance information to law enforcement officers, and calling 911, both can be charged. of the crime Ohio courts call leaving. the scene of an accident.
Problems with Hit-Skip Victim-Blaming
Even though the person driving the vehicle was the victim of the truck driver’s negligence or inattention, the person has to comply with the hit and run law to avoid potential criminal consequences. The victim may have panicked or simply assumed that she did not need to stay because the truck driver was clearly at fault. The police and the court would not be willing to accept either excuse at face value, so hiring a hit and run defense attorney would be a good idea for the driver.
Beyond the legal concern, remaining at the scene would prevent the driver from being suspected of causing any part of the accident and inflicting injuries. Simply being accused of instigating a hit-and-run can make filing and collecting insurance claims impossible. Insurers will work hard to deny claims from a driver who they believe is at fault.
Talking to a hit and run defense attorney can help in a situation like this. The attorney will be able to organize and present evidence to support the victim’s right to make claims. The attorney may also use evidence to explain why leaving the scene of the accident would be understandable and forgivable.