Category: Accident

Fleeing the Scene of an Accident in Texas – Guest Post

   

Accident

Being involved in a traffic accident can leave you with absolutely no idea what you should do next. However, if you flee the scene, you could face a criminal charge. Better understanding what is expected of motorists who are involved in traffic accidents, the charge of leaving the scene of an accident, and the associated fines and penalties may help you avoid serious charges.

If you have been charged with leaving the scene of an accident – or believe you may be – don’t wait to reach out and consult with an experienced criminal defense attorney.

Motorists Are Required to Stop If They Are Involved in an Accident

When motorists are involved in traffic accidents in Texas, they are required to stop and alert the authorities if anyone is injured or if either vehicle sustains significant property damage.

If you keep driving past the accident in the heat of the moment or as a matter of circumstance, which isn’t unusual when driving at highway speeds, you’re required to return to the scene as quickly as possible. If someone was injured in the accident, you should call 911 and render aid to the very best of your ability until help arrives.

Even if no one was injured in the accident but at least one of the vehicles can’t be driven safely away, motorists are required to exchange contact and insurance information with one another and to remain at the scene until the authorities arrive.

Charges Related to Leaving the Scene

Charges related to leaving the scene of a traffic accident are based on the severity of the damage done and on whether anyone was injured in the accident.

An Accident Involving Damage to the Other Driver’s Vehicle

When a motorist leaves the scene of an accident that causes the other driver’s vehicle to be damaged, the charge is a misdemeanor that’s based on the total amount of damage done.

If the total damage to both vehicles amounts to less than $200, the charge is a Class C misdemeanor, which carries fines of up to $500. However, it’s important to note that an accident in this value range translates to almost no damage.

If the total damage done to both vehicles exceeds $200 and the at-fault driver leaves the scene, the charge is elevated to a Class B misdemeanor, and a conviction carries up to 6 months in jail and fines of up to $2,000.

It’s important to recognize that while a misdemeanor charge is a lesser charge than a felony, a conviction can still carry jail time and can seriously impact your future. Regardless of the kind of charge you’re facing, having skilled legal counsel in your corner is always the best path forward.

An Accident in Which Someone Was Injured

When a motorist leaves the scene of an accident in which someone else was injured, they can face the charge of a state jail felony, and a conviction carries jail time of up to two years and fines of up to $10,000.

If the other driver is seriously injured, the charge is elevated to a third-degree felony, and a conviction means 2 to 10 years in prison and fines of up to $10,000.

If someone was killed in the accident, the charge becomes a second-degree felony, which carries a prison sentence of 2 to 20 years and fines of up to $10,000.

Social Consequences

A criminal conviction is a matter of public record. Because it’s becoming more and more common for employers, landlords, bankers, and other decision-makers to check criminal records before entering contracts with people, having a mark on your record can have more significant consequences than you may realize.

In addition to affecting your social standing in the community, a conviction can lead to the following consequences:

  • It can make renting an apartment or house more difficult and can also affect your ability to obtain a home loan.
  • It can interfere with your career by making it more difficult to keep your job or change jobs and can interfere with your professional licensure.
  • It can affect your college aspirations by leaving you ineligible for federal student loans.

You shouldn’t underestimate the significance of having a criminal charge, such as leaving the scene of an accident, on your record.

Reasons Motorists Sometimes Leave Accident Scenes

Every case involving leaving the scene of an accident is utterly unique to the exact circumstances involved. Many strong defenses are based on the reasons drivers left the scene in the first place.

The Driver Wasn’t Aware another Vehicle Was Involved

We’ve all been driving along only to experience a bump, jerk, or sensation and to have no idea what caused it. Sometimes, it’s attributable to a pothole that blended into the road, an unseen animal or debris on the road, a curb that wasn’t expected, or any other adverse condition. If you drive a large SUV or truck, the root cause of the problem can be even more difficult to pinpoint.

In such situations, it’s common to keep going – hoping that the vehicle wasn’t damaged. In other words, the fact that you didn’t stop wasn’t an attempt to avoid taking responsibility for an accident but was, instead, because you didn’t know you’d been involved in an accident involving another driver in the first place.

The Driver Panicked

The jolt of a car accident can send an adrenaline rush through your body – and can even cause you to experience shock – that can interfere with your ability to make the kind of responsible decisions you normally would. For example, the shock and adrenaline those injured in car accidents often experience can prompt them to refuse medical attention that they clearly need.

Panicking in the face of a car accident is not unheard of, and the testimony of a medical professional with expertise in the subject can bolster your defense strategy.

The Driver Was Adversely Affected by an Unfamiliar Prescription Medication

In the State of Texas, it is against the law to drive while under the influence of alcohol, illegal drugs, or medications that can cause impairment, including drugs that were prescribed to you. The prescription medications that fall into this category bear warning labels, but people react differently to various kinds of medications, and if you’re on something new, it could hit you in a way neither you nor your prescriber anticipated. Common examples of unexpected side effects include the following symptoms:

  • Dizziness
  • Disorientation
  • Drowsiness

The Driver Needed Medical Attention

Both motorists are required to stop at the scene of an accident – even if one of the motorists is injured. However, if the accident in question left you seriously injured, your priority may have been seeking the medical attention you need rather than stopping and exchanging contact and insurance information with the other driver involved.

If this is the case, your seasoned criminal defense attorney will carefully compile your relevant medical bills, medical records, and doctor’s reports in defense of your actions.

They’ve Got the Wrong Person

If the police have a picture of your car and license plate, it can be challenging to refute that your vehicle was involved in the accident in question. However, such evidence isn’t always above question – the perspective of the picture or video can make a difference.

If all the authorities have is a description of the vehicle, locating your car among the many others that are exactly like it can be exceptionally difficult. Further, eyewitness testimony is far from foolproof. In the end, the police may simply have the wrong person, and your focused criminal defense attorney will help prove this fact.

FAQ About Hit-and-Run Charges

The answers to the following frequently asked questions about hit-and-run accidents may provide you with the information you’re looking for to help protect your own rights.

What Do the Police Do when a Driver Leaves the Scene of an Accident?

If a motorist reports an accident in which the other driver fled the scene, law enforcement will do what they can to locate that motorist. The degree of damage involved – and whether or not anyone was injured – generally guides the amount of effort the authorities invest.

Police officers may take any of the following actions:

  • Running the plates if someone at the scene was able to record or capture it
  • Scouring photos and videos taken at the scene, as well as footage from dashcams and security cameras in the vicinity, for evidence
  • Interviewing the other driver and bystanders at the scene for help

From here, officers may search the area for vehicles that fit the description and have correlating damage. If the vehicle’s owner is located, they may be arrested, and if the owner relays that someone else was driving their vehicle, the driver may be located and arrested.

If you left the scene of an accident, consulting with a trusted criminal defense attorney sooner rather than later is always to your advantage. Your attorney will help you assess the severity of your situation, make the right decisions moving forward, build your strongest defense in the face of any forthcoming charges, and fiercely advocate for your rights throughout the legal process.

Is Hiring an Attorney Necessary?

If you are facing a hit-and-run charge or are concerned that one could be forthcoming, proceeding without legal representation leaves you more vulnerable to a wide range of serious consequences. Working closely with a knowledgeable criminal defense attorney can help in all the following primary ways:

  • Your attorney will help you avoid the common mistakes that can lead to harsher legal consequences. For example, failing to invoke your right to remain silent is very unlikely to serve you well.
  • Your attorney will gather all the evidence available in your case, including any exculpatory evidence – or evidence that benefits you – that the authorities may be holding back.
  • Your attorney will help you strategize your strongest defense in pursuit of a favorable case resolution.
  • Your attorney will engage in skillful negotiations with the prosecution – attempting to get the charge against you dropped or pursuing a beneficial plea deal.
  • Your attorney will be well prepared to take your case to trial if that proves to be the best course of action.

It’s important to take the time necessary to choose a criminal defense lawyer that’s a good fit for you and your case.

Can I Redeem Myself By Reporting to the Police after the Fact?

Once you leave the scene of an accident and fail to return immediately, you’ve already committed the crime of fleeing the scene in the eyes of the law. As such, anything that you tell the authorities at this point can – and very likely will – be used against you.

A much better approach is consulting with a practiced criminal defense attorney who will help you effectively navigate the challenging path toward an optimal outcome.

Can I Go to Jail for a Hit-and-Run?

In certain situations, you can go to jail if you are convicted of fleeing the scene of an accident. A Class B misdemeanor can apply if someone was injured in the accident, which carries a potential jail sentence. If someone was seriously injured in the accident or lost their life as a result, the charge becomes a felony, which can translate to prison time.

The surest means of protecting yourself in the face of a hit-and-run charge is consulting with an accomplished criminal defense attorney early in the process.

You Need an Experienced Criminal Defense Attorney on Your Side

While you can choose to represent yourself in criminal matters, it is not a good idea to do so. You need the guidance of an experienced criminal defense attorney to ensure your case’s optimal outcome

Defending Your Rights After an Accident: Criminal and Civil Perspectives – Guest Post

   

Accident

Introduction

The most prominent result is that the costs of injuries and misconduct associated with accidents can be significant both from a legal and an individual perspective. In most situations, criminal aspect and civil aspect arises concurrently as a result of a single accident. Thus, working knowledge of these two branches of law is important for an assured defense or equitable results.

Crimes such as impaired driving, or reckless driving are offenses that are categorized under criminal law, as they are actions that are said to endanger the general public. On the other hand, insurance claims once the accident occurs is obtained through civil law which seeks to restore losses that a victim has incurred due to the accident. Each one of these aspects warrants a separate form of legal representation, and combining all of them provides comprehensive representation.

Expert legal guidance plays a crucial role in navigating these situations. Criminal defense attorneys work to protect your rights in court, while civil lawyers help secure compensation for losses. For example, Abogados Chuck N. Chionuma specialize in assisting victims in civil matters, providing essential support in such cases. Proper representation in both areas can make a significant difference in resolving the challenges an accident brings.

The Dual Nature of Legal Issues After an Accident

Accidents give rise to two challenges in law which have to do with crimes and civil wrongs.In their conception, they appear as separate but in practice there are so many aspects that even overlap the two for the best interest of the parties.

A criminal law perspective has broadly categorized actions that bring about an accident as DUI, reckless driving and – in extreme cases – wrongful death.Wrongful actions may cut across many cultures be it civil or common law and must be punished in accordance with the law. A punitive view seeks to deter individuals from harming society, which is distorted by an economic perspective. Offenders are imprisoned and branded as criminals for committing the crime of intoxication and causing accidents. According to the purpose of criminal law and why it is employed as found in this source these are very serious accusations indeed.

Obligations include everything that ensures that the victims of crime are compensated for example, medical expenses, lost earnings, and pain” Chionuma. Abogados Chuk N Chionuma asserts that both sides cultivate an ideal society in which the transgressors are punished hence they never repeat the crime.

These two legal issues are frequently interrelated. For example, one incident may involve both a crime and the filing of a civil suit. Cooperation between the civil and criminal branches of the legal profession in these situations is important for ensuring the proper administration of justice.

Defending Against Criminal Allegations

The aftermath of accidents can sometimes result in criminal proceedings being instituted and it is known that the penalties that follow are dire. Such accusations also focus on activities that endanger the public and include penalties like fines, imprisonment and a lifetime criminal record. THey get arrested for culpable driving offending for instance. Because safeguarding your future and defending yourself from these accusations is essential, there is a hefty importance placed on doing so.

A strong defense begins with understanding the nature of the charges and the legal system. Criminal law aims to hold individuals accountable while considering principles of justice and fairness. The concept of Justifying Punishment in the Community explains that punishment is not just about penalties but also about ensuring accountability in a way that benefits society. For instance, penalties for DUI are designed to deter dangerous behavior while offering individuals a chance for rehabilitation.

Such situations in the life of an individual and during their litigation are dealt with a criminal defender lawyer who understands these circumstances well. Their work also includes protection of your legal rights throughout the entire process which is important as its the reason why criminal cases get affected by the high stake. If someone is involved in criminal activity or is charged, he or she gets into barriers of working, travelling, or even getting into dealings with loved ones.

The impact that a criminal case can have on an individual without defenses can turn the life of a person into a long lasting disaster. They assist you in representing the negotiations of the plea deals or seeing that the charges that were raised are dealt with in court to ensure your interests are well taken care of.

Seeking Civil Justice: The Role of Compensation

The individual proceedings in civil damage suits balance and attempt to compensate for the repercussions of the harm inflicted on the claimants in a legal accident. It is entitled to address all conceivable emotional, physical, and pecuniary repercussions by way of financial compensation. Civil cases are very useful to claimants and their families because they aid in the restoration of a normal life following the aftermath of a tragedy.

Compensation entails reimbursement of medical costs, rehabilitation therapies, income loss and mental anguish among others. One can, for example, use an accident example with a particular claimant whose injuries required treatment and prolonged working absence, that means losing income.Civil lawsuits aim to ensure that the responsible party provides fair compensation for these losses, as emphasized in Justice for Victims.

Such mechanization should include experienced and knowledgeable injury lawyers for instance, Abogados Chuck N. Chionuma. They assist the injured individuals through the bureaucracy of the civil laws, collection of evidentiary materials, as well as settlement of the arguments. This is in order to make such individuals or victims of the tragedy receive necessary assistance to settle their accruing costs and become functional.

Substantially, it is worth noting that civil cases are distinguishable from criminal cases and can take place at the same time. On the one hand, the criminal matter is concerned with blaming and punishing while in a civil suit the concern is with compensating the injured party’s needs. These two processes are distinct in their goals and objectives, yet they do not conflict but complement each other in the dispensing of justice. For some of the victims, the purpose of pursuing civil and criminal claims at the same time ensures that result is more favorable after the accident for the victim.

Understanding the Emotional and Psychological Impact

Trauma is an inherent characteristic of accidents and their effects are long-lasting. The fear of losing money, legal proceedings, the pain of injury, along with what the future holds must seem perplexing to someone dealing with all this. Add to that the defenders who have been accused of crime and it only gets worse as the burden of those charges increases the years of stress.

However, Civil justice can tackle some issues regarding money and grief and in fact help ease the pain slightly. Getting compensation in the form of medical expenses, wage reimbursement and/or any type of loss can eventually help the claimant in getting back to the normal life. Such support is vital for the recovery process and further helps in relieving some of the stress that one faces post-accidents.

The emotional impact of legal proceedings should not be overlooked. Studies, such as those discussed in the Psychological Impact of Legal Proceedings, show that victims and accused individuals alike may struggle with depression, anxiety, or trauma. Most importantly, access to mental health resources, combined with adequate advocacy during the legal processes is a must. Lawyers and other support organizations can assist their clients on how and where to acquire these resources so that client’s legal needs along with emotional ones can be satisfied.

In conjunction with a strong legal representative, increased mental care, including stress relief, can greatly assist an individual with the rehabilitation leave after the accident.

Collaborating for Comprehensive Representation

In case of an accident, there may be both legal proceedings involving criminal activity and matters relating to compensation and civil cases. In such situations, there needs to be an effective communication and working relationship among the lawyers dealing with these cases. It is the job of criminal defense lawyers to defend their clients against any punishment in the form of money or imprisonment while civil attorneys assist the victims in getting paid a fair amount. In this way everyone involved will be able to seek justice in a much more effective way

This coupling or partnership of lawyers also makes certain that all the relevant issues in the case are dealt with. For instance, the criminal proceedings are said to be self-contained and confined to the evidence which could include the same witness or witnesses, and such accident reports as were the subject of a previous civil proceeding. Both cases have the same claim, and by combining forces, they can use their strategies for common good and bolster the clients’ positions in both cases.

The value of interdisciplinary legal approaches, as highlighted in Legal Collaboration Frameworks, shows how teamwork between specialists leads to better outcomes. For clients, this means comprehensive representation that protects their rights while also addressing their financial and emotional needs.

By combining expertise, criminal and civil attorneys can achieve results that neither could accomplish alone, ensuring justice is served on all fronts.

Conclusion

The involvement in an accident calls for remedies to be sought both in the criminal law and civil law, and in both ways the matter becomes quite complicated. Such situations call for legal knowledge of one’s rights which forms an essential basis in these types of cases. The assistance of qualified lawyers for the purpose of obtaining a remedy whether criminal or civil is extremely helpful.

Skilled attorneys ensure your interests are represented and guide you through every step of the process. Tools like the percentage calculators hub can also help you calculate accident-related expenses, making it easier to plan your next steps.

If you are dealing with legal issues after an accident, don’t hesitate to reach out to qualified professionals who can provide the support you need for both criminal and civil matters.