Legal Question in Traffic Law in Minnesota

no accident but crash

I was agitated while I was driving and ran a red light, and immediately pulled over to collect myself. After about 5 minutes of sitting there, I pulled away, and as I rounded the bend I looked in my rear view mirror and saw that there was a car crashed into the median of the street behind me. I don't know if it was there before I was there or not. I don't know what I should do. It had it's warning lights on, and noone had approached me while I was sitting on the side of the road.

What should I do?


Asked on 4/22/02, 4:00 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: no accident but crash

This is a difficult one. Hit and run is a serious crime in Minnesota and the police may be looking for you - or not.

I suggest the following. Hire a lawyer. The lawyer - after checking with the ethics people at the Board of Professional Responsibility to make sure he's on solid eithical ground - would call the city attorney for the city where this happened and inquire as to whether they are looking for a hit and run suspect for an indident that happened at that time and place. The lawyer would be ethically required to not disclose your identity. You could at least find out whether they are looking for a suspect so you would know that much. You might also find out how badly the people were hurt, whether they had insurance, and so on.

If the police are not looking for anyone, then I would probably advise you to exercise your right to remain silent and take the matter no further.

If they are looking for a suspect, the attorney could help you assess whether it is in fact you and whether you should turn yourself in. If the attorney advises you to turn yourself in and you don't want to, the attorney will withdraw from representing you but still can never disclose your identity.

The attorney can also express an opinion as to what's the right and moral thing for you to do, but it's just his opinion and you get to make your own decision.

The ethics of situations like this have been debated for centuries and I'm sure the rules of ethics are not perfect. And as I indicated, before I would take on the job I would want to double check everything I just said, not to mention get a healthy up-front retainer fee.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice conerning the details of your case.

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Answered on 4/22/02, 6:50 pm


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