Legal Question in Personal Injury in California
Can you be sued for nearly hitting someone?
Is is against the law or can you be sued, if you come close to hitting a pedistrian but not actually doing so? What if you hit the pedistrian but were unaware and fled the accident scene?
2 Answers from Attorneys
Re: Can you be sued for nearly hitting someone?
The answer depends on whether there was any injury or damage in "just coming close." There can be civil liability in non-contact accidents involving vehicles and animals. The pedestrian would have to prove some type of harm or damage.
To "flee the scene" infers intentional action. Then you would be at risk. If someone hit someone else and truly didn't know of it, there may still be civil liability but probably no criminal charges.
Re: Can you be sued for nearly hitting someone?
Leaving the scene of an accident in which someone other than the driver is injured can be felony. You should discuss this matter with an experienced criminal defense lawyer, and do not talk to anyone about the facts of the accident. The vehicle code section requires you to stop and provide specified information. You must however know or should have known that someone was injured. In most cases the defendant only digs the hole deeper by talking to the police.
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