Portland, OR asked in Criminal Law for Oregon

Q: Legal Definition of Hit and Run w/ injury? And what are the duties of the driver involved in a crash?

I was involved in a 3 car minor crash, I hit the car in front of me at a light I was going maybe 2 miles an hour if that, the light was green for 3 seconds then turned red I wasn't paying attention in that exact moment causing me to hit the vehicle in front of me and him hitting the car in front of him. There is no registered owner of the car I was in nor was there insurance and I don't have a license. My toddler was also in the car at the time of the crash. After I got out and checked on the other driver's and spoke with one of them informing them that I needed to walk to get wifi I left the scene and didn't return. I panicked and just wanted to get my daughter out of there. I didn't have anyone to call to come get her, and I feared that they would try to take her away from me, so I left. They contacted the previous owner who gave them my info as the new owner. Plus my iPhone detected the crash and placed me at the scene of the crash. But is that a hit and run if I left on foot?

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1 Lawyer Answer
Calvin A. Knickerbocker III
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Answered
  • Beaverton, OR
  • Licensed in Oregon

A: In the context of Oregon law, which can be generalized to understand similar legal frameworks elsewhere, a "hit and run" with injury involves a driver leaving the scene of an accident where they have caused injury or death without fulfilling their legal obligations.

There might be exceptions where leaving the scene temporarily to seek immediate medical attention or to call for help might not constitute fleeing, provided you return or report back promptly.

Even if you leave on foot, if there are witnesses, surveillance footage, or other evidence linking you to the scene, you could still be identified and charged.

Apart from criminal charges, leaving the scene can also lead to civil lawsuits where damages might be increased due to the reckless behavior of fleeing.

If you've left an accident scene, consulting with a criminal defense attorney would be advisable to understand your rights and potential defenses, especially given the nuances in how hit and run laws are applied across different jurisdictions.

Remember, the specifics can vary by jurisdiction, but the principle of not leaving the scene of an accident where you're involved, whether as a driver or pedestrian, generally holds across legal systems. If you're involved in an accident, staying at the scene, providing aid, and cooperating with law enforcement is usually the safest course of action legally.

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