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Leaving the Scene of Crash Involving Death - Actual Knowledge Not Required, Maybe

Recently an appellate court addressed a criminal traffic case of leaving the scene of a crash involving death, commonly referred to as a hit and run or LSA for leaving the scene of an accident.  The issue was whether at a trial, the jury should be instructed that the driver had to have actual knowledge of the crash or whether the accused knew or should have known about the crash.  There is a big difference between actually knowing and that you should have known.

Unfortunately for the driver in that case, she did not dispute the fact that a crash had occurred.  Instead, she claimed to have believed at the time that she had hit a traffic cone or barrel.  Furthermore, she apparently did not challenge the next part of the jury instructions which pertains to the injury or death. 

The minimum penalty for hit and run or LSA with a death is four (4) years in prison and a three (3) year revocation of the driving privilege.  The revocation period of the driver's license does not start until the defendant is released from prison. (Read more about Hit and Run - Leaving the Scene of an Accident).

These are serious cases.  Normally, a person accused will also have to consider hiring an expert to reconstruct the accident.  It is imperative that you hire a lawyer and expert with actual experience litigating or taking these accident cases to trial.  If you or a loved one is accused of leaving the scene, click, call or fill out the form at the top right corner to have a free consultation.

Click here to read the case

Click here to read the statute

 

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