Saturday, August 05, 2006

Accidentally Caused Accident

Jeanette L. writes: "On my way home from work on Friday I was in a real rush and I pulled up to a light that was red and didn't want to wait for it. I made a quick right into the perpendicular street, did a quick U-turn, and then pulled back into the road and made a right to avoid having to wait for the light. Unfortunately, during the time it took me to do the quick U-turn, the light turned green. As I pulled back out onto the main road two cars were already going through the light and the one in the lane closest to me swerved to avoid me -- slamming into the car in the far lane. I just kept on driving since I didn't hit any car but I was extremely nervous. In fact, another car who witnessed the accident followed me for a mile or so but I just kept looking forward and eventually they stopped following me. I guess my question is, am I at fault here for anything if I technically didn't hit any cars or get into any fender benders? Is there anything that can happen to me because of this?"

Here's a really unique situation that actually happens more than any of us expect. Technically, when someone causes two other parties to hit each other due to the way in which they operate an automobile -- it is your fault. As a lawyer, I will tell you that you can be held 51% responsible for such an accident and if it is confirmed that you sped away from the site of such an accident, you can be charged with a felony. In the event you've already received a call from the police or the person who followed you reported your license plate to the local police, you will have to call a lawyer and your insurance company all at once.

Now for my own advice.

Don't call anyone. Never call your insurance company if you haven't technically hit someone else's car. The minute you call your insurance company (or any insurance company for that matter) to report something you "may have been involved with" -- you have already admitted fault. I once defended a client who was involved in such an accident as this, without ever hitting a car. He called his insurance company "just to be safe" and even though they could never identify him as the driver of the accident, because he called his insurance company he was found to be 51% at fault, thus causing his insurance premiums to be raised. Bottom line -- if there is no evidence on your car of being involved in an accident and you receive zero calls from the local authorities... Don't do a thing. Go about your life and pretend it never happened. For all you know, the person who swerved to miss you was just a bad driver in the first place.

But please -- if you have actually hit another car or another person, stay and face the music. You will always get caught in the end in these situations due to evidence that your car will leave behind.

But also remember -- if there is zero evidence, you are not guilty.

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