Q: If a driver leaves the scene of a fatal car accident and his mother shows up. She is as guilty?
The mother of the driver left her son home to come see what occurred she did not turn her son over to the police. Nor should she have to the SDPD said my parents where not wearing seat belts. That does not constitute a reasonable excuse for their execution. Please Advise
A: There are not enough facts to get good information, but, to the basic question, someone appearing at the scene of a crash, after the crash, does not make them responsible.
A:
No, the mother is not guilty. She may be liable civilly as the owner of the vehicle, or as the person who signed the documents who allowed her potentially minor son to obtain a provisional license. The mother did not commit a crime, however, based on the little information you have provided.
The mother is allowed to communicate with SDPD whether your parents were wearing a seat belt, although if she was not present at the time of the collision, it would seem that she did not have knowledge of that fact. It does not matter, because whether your parents' were wearing seat belts can be easily determined without the mother's statements.
A:
The legal responsibility of the mother in this situation would depend on her specific actions and involvement in the incident. Mere presence or being a family member of the driver may not necessarily make her guilty. However, legal advice tailored to the specific details of the case is essential to determine her potential liability under California law.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
