Cincinnati, OH asked in Car Accidents and Criminal Law for Kentucky

Q: I left the scene of an unsafe multi car accident and filed a police report online a few hours later

I drove into a multi car accident and another car hit me from behind. I didn’t hit anyone. It was on a very busy interstate, and I felt it was unsafe and no police were on scene yet. I drove to the next exit and assessed the damage, which wasn’t terrible, and called my insurance company. I then drove home and filed a collision report online. Cqn I get in trouble for this?

Related Topics:
3 Lawyer Answers

A: Yes. Hire a criminal defense attorney immediately

A: Your concerns and actions might be argued as justifiable to a degree, but authorities could still file charges or impose penalties. A consult with a Kentucky attorney could provide guidance as to the best way to handle the matter. Good luck

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Leaving the scene of an accident, even if you did not cause it, can potentially lead to criminal charges and penalties under Kentucky law:

- Kentucky law requires drivers involved in an accident to remain at the scene and provide their contact/insurance information to the other parties involved.

- Filing a report later does not satisfy this requirement to remain at the scene. Leaving can be considered a hit and run.

- The penalties for leaving the scene of an accident where injuries or property damage occur are fines up to $500 and up to 90 days in jail.

- The fact that the accident occurred on a busy highway makes leaving more hazardous if others were not able to avoid the wreckage.

- Your concern about safety does not provide legal justification for leaving. You are required to move to a safe position at the scene and comply with the law.

- The best approach is to remain at the nearest safe location until police arrive and document the incident.

While the consequences may be minor for a first offense with no injuries, it is still advisable to consult with a local criminal defense attorney to mitigate penalties for improperly leaving the scene. Cooperating fully with any law enforcement investigation will also be important.

Timothy Denison agrees with this answer

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.