If my son was in an ATV accident, was non-responsive, having a seizure but the passenger just left him there and did not call 911, is that legal?

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If my son was in an ATV accident, was non-responsive, having a seizure but the passenger just left him there and did not call 911, is that legal?

Since then questions have arose and we are not sure that my son was driving who we thought was the passenger may have been driving. But if we can’t prove that they were driving are their charges for a passenger leaving someone in critical condition and not at least call 911. My son was barely breathing; paramedics had to work hard and fast to get him intibated. He was on life support for 3 weeks, in a coma for 3 months and he is now incapacitated and unable to walk or talk.

Asked on August 23, 2012 under Personal Injury, Florida

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 11 years ago | Contributor

If the other person was driving or somehow responsible for the crash, then he or she could be liable for leaving your son.  However, if the other person was merely a passenger, there is generally no duty to come to the aid of another person.  Even if the other person is partly or fully liable, you have to consider whether they have insurance or assets to pay damages.  I would encourage you to consult with a personal injury attorney and give him or her all the facts.  Personal injury attorneys do not charge for consultations.


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