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Hunting season is here. Avid hunters are usually well-versed in gun safety, but in order to avoid foodborne illness, it is vital to discuss the importance of field dressing.
March 7, Blog J. David Douthit. To charge or not to charge: What does that mean to your case? For instance… Imagine a situation where two drivers collide in an intersection controlled by a traffic light. March 16, Blog. If you caused a hit and run auto accident it is also very possible for you to face civil penalties. Your car insurance will most likely raise your monthly premium as you will be considered a more dangerous driver.
Also, any other person involved in the accident can sue you for damages in a civil case. In many states, the court will impose triple damages onto the defendant as a way of punishing the bad behavior of a hit and run. If you were involved in a hit and run car accident, whether you were hit by another driver or caused the accident, you need help. Hit and run accidents are very serious and therefore require serious legal assistance. A bench trial commenced on April 13, The trial court sentenced appellant to two years in prison, all suspended, for the leaving the scene of an accident conviction and six months in jail for the reckless driving conviction.
This appeal followed. On appeal, appellant challenges the sufficiency of the evidence to support his convictions. Commonwealth, 40 Va. Commonwealth, 31 Va. Commonwealth, 26 Va. Commonwealth, 30 Va. In challenging the sufficiency of the evidence to support his conviction for reckless driving, appellant contends the Commonwealth failed to prove beyond a reasonable doubt that he had a disregard for the consequences of his acts and an indifference to the safety of life, limb or property. We disagree.
Speed alone is not a violation of this statute, but only becomes so when it endangers life, limb or property. The essence of the offense of reckless driving lies not in the act of operating a vehicle, but in the manner and circumstances of its operation. Credible evidence in the record supports this finding, and the finding is not plainly wrong.
From this evidence, the trial court could reasonably conclude that, in continuing to accelerate through the merge area at a high speed despite knowing Antonuccio intended to merge in front of him, appellant drove with disregard for the consequences of his actions and an indifference to the safety of life, limb, or property.
However, the reckless conduct for which appellant was convicted occurred not when he recognized and avoided the dangerous situation, but earlier when he helped create that situation. The fact that appellant ultimately considered the consequences of his actions and avoided a collision does not negate the fact that he was indifferent to the consequences of his actions moments before when he was accelerating to prevent Antonuccio from merging in front of him.
Green, Va. This argument is without merit. Indeed, appellant admitted the day after the accident and again at trial that he continued to accelerate in an attempt to reach the end of the merge first, even though he knew Antonuccio was accelerating in order to merge into the right lane ahead of him.
Thus, he concludes, the trial court erred in finding the evidence sufficient to support a determination of guilt. The driver of any vehicle involved in an accident in which a person is killed or injured or in which an attended vehicle. Any person convicted of a violation of this section is guilty of. Emphasis added. He contends, however, that he was not legally required to so report because, as the trial court found, he did not cause the accident.
He was, he claims, nothing more than a witness who had no part in the accident. Commonwealth, 45 Va. Commonwealth, 28 Va. Henrico Ltd. Partnership, Va. Orange-Madison Coop. Farm Serv. People v. Oliver, Mich. Sell, 96 Cal. Kerger, Ill. We hold, therefore, that the application of the statute is not exclusively limited to those drivers who legally cause an accident.
See Sell, P. The evidence established that, when the traffic light turned green, appellant and Antonuccio both drove from the intersection determined to be first through the merge. Resolute in his desire to prevent Antonuccio from cutting him off, appellant continued to accelerate despite knowing that Antonuccio was trying to pass him. Almost immediately after merging, Antonuccio lost control of her car, left the road, and crashed into a tree. Accordingly, he was required to stop at the scene of the accident and report his identifying information to a law enforcement officer.
Although he stopped and rendered aid at the scene of the accident, appellant failed to report to an officer.
Jeffrey E. On appeal, he concedes the evidence was sufficient to prove he failed to stop at the scene of an accident involving property damage, and he does not challenge his conviction for that offense, but he contends the evidence was insufficient to prove he knew or should have known the accident involved personal injury.
We hold the facts were insufficient to support his conviction. Thus, we reverse the conviction and dismiss the indictment. At about p. Just as Swanson was coming to a stop about ten feet from Deputy Christefano, a car driven by appellant approached behind Swanson. A rear-end. But I definitely heard it and saw it. Deputy Christefano did not know whether appellant was able to hear his conversation with Swanson. Deputy Christefano gave chase and apprehended appellant at least a mile from the scene.
The trial court denied the motion. At the conclusion of all the evidence, appellant renewed his motion to strike, which the court again denied. The jury convicted appellant of the charged offenses, and he noted this appeal. Under familiar principles of appellate review, we examine the evidence in the light most favorable to the Commonwealth, granting to the evidence all reasonable inferences fairly deducible therefrom.
See, e. Long v. The driver of any vehicle involved in an accident in which a person is killed or injured or in which an attended vehicle or other attended property is damaged shall immediately stop as close to the scene of the accident as possible without obstructing traffic. Commonwealth, 14 Va. In Herchenbach v. Instead, they're meant to punish a defendant's particularly dangerous or outrageous behavior. A hit and run certainly might qualify. Learn more about punitive damages in car accident cases.
Treble damages awarded to the plaintiff are tripled where a statute requires or allows it. In most instances, punitive and treble damages are not covered by your car insurance policy. In other words, you will have to pay that amount out of your own pocket. In addition to the other penalties we've already touched on, many insurance companies have a practice of cancelling your automobile insurance policy if you commit or are convicted of a hit and run.
If you've fled the scene of your car accident and are ready to discuss your situation with a legal professional, you might want to start by reaching out to a car accident lawyer in your area. If your case would be better off in the hands of a different kind of an attorney one who specializes in criminal defense, for example a car accident lawyer can always recommend the right course of action.
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Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Consequences of a Hit and Run Accident.
It's never a good idea to flee the scene of a car accident. Here's why. But here's what to know: Every state requires drivers to stop at the scene of a car accident as long as it's safe to do so. Fleeing the scene of a car accident can lead to criminal charges.
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