QUESTION
We pulled over to a safe place( my job) 5 miles from the accident that was on the expressway during morning rush hour traffic. Is this hit and run?
Asked on Nov 03rd, 2011 on Automobile Accidents - Georgia
More details to this question:
My husband was driving to work this morning and went to pull over and sideswiped another vehicle in Atlanta''s rush hour morning traffic. To avoid pulling over on the highway we slowed down, allowed the vehicle we hit to get behind us and got off at the next exit where his job was. We pulled over into the job parking lot got out exchnaged numbers and insurance information then called the police. When the officer arrived he got everyones statement but my husband was upstairs letting his job know he was in an accident (this was a new job he just started 3 weeks ago). The officer then went to his job arrested him in front of everyone and took him to jail citing hit and run. The guy we hit told the officer it was not a hit and run as we were not speeding away or trying to avoid the guy, we were only looking for a safe place to pull over. The officer said we shouldnt have drove this far away from the accident and that there were other safe places. Is this correct?
1 ANSWER
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I think the answer is going to be a fact question based on the circumstances of the nearest place where it was reasonably safe for you to stop. I believe if you stopped in a reasonable distance and were not trying to escape the scene you have an argument. In these circumstances, the Court would look at the facts about the distance from the accident to the stopping point to evaluate the intent and whether the distance traveled was or was not reasonable.
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Answered on Nov 15th, 2011 at 10:48 AM