Legal Question in Personal Injury in California

Hi there, I was turning left from a stop sign onto a two-lane road as a group of three or four bikers were heading in the opposite direction (in the right lane). I obviously had to cross their lane in order to turn left, and while I may have foolishly tried to turn as quickly as possible so to as to make the turn without incident (in hindsight I should have just waited and been more patient), I think the haste of my turn caught these bikers off-guard and startled one of them to the point of taking a fairly nasty fall when he put on his brakes. And to my eternal shame, I kept going. I almost stopped, but I felt as though they might be testy and/or violent with me, or press charges, even though I didn't hit any of them. First of all, I kept going primarily because I panicked---which I wholly admit was not a good excuse. But second of all, I didn't (and don't) feel it was my fault as the bikers should have been paying more attention to what was going on ahead of them, and I did not make physical contact (even remotely) with any of them. Had we made contact it not only would have been obvious but I also would have pulled over without hesitation. In the unlikely event that one of the bikers got my plate info, and were to press charges for injuries (the seriousness of which remains entirely unknown), what are my rights and who is at fault?


Asked on 5/20/12, 10:19 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If contacted by police investigating you for 'leaving the scene of an accident' or 'hit and run', then:

Whenever threatened, arrested or charged with any crime, �what can you do�? No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice is to exercise the 5th Amendment RIGHT to SHUT UP and do NOT talk to police or ANYONE about the details of the case except through an attorney. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 5/21/12, 12:42 pm


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