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?

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3 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

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

Timothy Denison
Timothy Denison
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Yes. Hire a criminal defense attorney immediately

Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

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

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