Legal Question in Civil Litigation in California
Pedestrian legal obligations at the scene of an accident
I was involved in a pedestrian-related accident. The pedestrian refused to provide valid identification at the scene and instead called the LAPD from her residence at a later point in time. The officer took the report by filing a CHP 555 form on which I (the driver) was identified, but not cited, under 21453(a) of the Vehicle Code.
Does the fact that the pedestrian refused to identify herself at the scene mitigate any potential liability on my part? The ''accident'' involved a two-foot 'roll' into an intersection which did not result in any observable injury to the pedestrian.
Thank you.
4 Answers from Attorneys
Re: Pedestrian legal obligations at the scene of an accident
worst case scenario . . . you could be charged with failing to exchange information at the scene of an accident. not good. whether or not the pedestrian has claimed that, (and it is not in the report), turn it over to your insurance carrier. they will investigate, and if the individual is entitled to compensation they will cover it. if not, they won't pay.
Re: Pedestrian legal obligations at the scene of an accident
The pedestrian had the same responsibility to stop and provide you with information about her identity. If the police contact you regarding this incident you should retain an attorney to represent you in this matter.
Re: Pedestrian legal obligations at the scene of an accident
I don't see why it should matter, since you aren't any worse off because she declined to identify herself. If her refusal had harmed you or made it harder to defend yourself you would have a viable argument, but you seem to want this failure to go through a formality to shield you from responsibility for your actions. The law doesn't work that way.
Re: Pedestrian legal obligations at the scene of an accident
Your insurance company will use her refusal to identify herself as proof that the person who showed up at the chiropractor's office was not the same person you hit.
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