Yup that is correct if you crash trying to avoid a crash you are the one that lost control.
I-95 Virginia Fairfax County
Discussion in 'Trucking Accidents' started by joseph1135, Mar 23, 2014.
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That may be, but the person that caused the crash (as in this case) is the person that made the evasive maneuver necessary in the first place. If you are driving the wrong way on a freeway and other drivers end up in the ditch trying to avoid a head on collision you are the one that are responsible for causing the accidents, even though each of those drivers are "the one that lost control". In this case the driver was driving at a high rate of speed and made a lane change that cut off the bus. The fact that the bus driver initiated a maneuver to avoid the collision doesn't mitigate the fact that the speeding/lane changing driver caused the wreck.
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Added note: The auto did touch the bus and left the scene. These guys took a party bus for safety and then this happened. Thei was in the next days WA Post.
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The driver of the 4 wheeler kept on going and was later found and arrested. I'm happy about that.
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http://en.wikipedia.org/wiki/Hit_and_run
Hit-and-run is the act of causing (or contributing to) a traffic accident (such as colliding with a person or a fixture), and failing to stop and identify oneself afterwards. It is considered a crime in most jurisdictions.
United States
The penalties (and the definition) of hit-and-run vary from state to state in the United States.[SUP][11][/SUP] For example, in Virginia, the crime is a felony if the accident causes death, injury, or damage to attended property in excess of a certain dollar amount; otherwise, it is a misdemeanor.[SUP][12][/SUP]
In Texas, the crime is a third degree felony if the accident involves a fatality or serious bodily injury. Accidents causing less serious injuries are punishable by imprisonment in the Texas Department of Criminal Justice for not more than five years or confinement in the county jail for not more than one year and/or a fine not to exceed $5,000. Accidents causing $200 or more in total damages without injuries are punishable by a class B misdemeanor, and accidents causing less than $200 in total damages are a class C misdemeanor.[SUP][13][/SUP]
In New York, leaving the "scene of an incident without reporting" it is a traffic infraction, and if personal injury is involved, then it becomes a misdemeanor.[SUP][14][/SUP] There are also significantly higher fines if an animal is injured in the hit and run accident.[SUP][15]
https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-894
[/SUP]
§ 46.2-894. Duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property; penalty.
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, as provided in § 46.2-888, and report his name, address, driver's license number, and vehicle registration number forthwith to the State Police or local law-enforcement agency, to the person struck and injured if such person appears to be capable of understanding and retaining the information, or to the driver or some other occupant of the vehicle collided with or to the custodian of other damaged property. The driver shall also render reasonable assistance to any person injured in such accident, including taking such injured person to a physician, surgeon, or hospital if it is apparent that medical treatment is necessary or is requested by the injured person.
Where, because of injuries sustained in the accident, the driver is prevented from complying with the foregoing provisions of this section, the driver shall, as soon as reasonably possible, make the required report to the State Police or local law-enforcement agency and make a reasonable effort to locate the person struck, or the driver or some other occupant of the vehicle collided with, or the custodian of the damaged property, and report to such person or persons his name, address, driver's license number, and vehicle registration number.
Any person convicted of a violation of this section is guilty of (i) a Class 5 felony if the accident results in injury to or the death of any person, or if the accident results in more than $1000 of damage to property or (ii) a Class 1 misdemeanor if the accident results in damage of $1000 or less to property.
(Code 1950, § 46-189; 1958, c. 541, § 46.1-176; 1970, c. 59; 1977, c. 267; 1982, c. 503; 1984, c. 780; 1989, c. 727; 1997, c. 431; 2001, c. 808; 2002, c. 115; 2005, c. 131.)
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http://legal-dictionary.thefreedictionary.com/_/dict.aspx?rd=1&word=hit+and+run
A lot better source than Wikipedia which uses user input for all their info. -
Irregardless of what the law is or isn't, his actions caused someone's death.
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I was in this situation about a year ago. A driver literally cut in front of me and if not for my breaking I would have rolled him. I broke pretty hard but not hard enough for me to loose control. And I did not swerve I was prepared to hit the guy. I am not going to loose control of my rig, kill myself, and kill others, just because someone cuts me off. The guy who cuts me off will be the one to suffer if indeed my driving skills don't save the day!
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