What constitutes a hit and run and fleeing the scene?

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What constitutes a hit and run and fleeing the scene?

I was picking up my sister and her friends after a night on the town. After I picked them up I drove through an intersection, which I had the green light in, but was apparently hit by a pedestrian on my front passenger side. It was loud in the car and I did not notice until several minutes later when my sister, who was in the passenger seat, said “I think some guy ran into you”. I was well past the scene and had a car full of drunk 22 year olds that needed to get home, so I continued on with my designated driver duties. Is this a hit and run, even though the accident was not my fault? And if so, am I liable for any injuries the pedestrian may have suffered?

Asked on June 1, 2013 under Criminal Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Based upon the fact that you were in an auto accident and knew such and did not stop you were involved in a "hit and run" which is a felony in many states if the damages exceed $500. I suggest that you consult with your claims representative for your insurance carrier over what happened. Whether you are liable for any injuries of third parties depends upon what the court or a jury decides if a criminal action is filed against you.


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