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  1. #1
    slammysammy is offline Junior Member
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    Hit a pedestrian. What should I expect?

    I am in Wisconsin. I hit a pedestrian this morning. She was in the crosswalk and I was making a left turn through an intersection. I hit her with the far left (driver's side) of my car. I did not see her. I pulled over and jumped out but there were cars coming in both directions so I got back in my car to go around the block so I could get over to her (by this time there was already a woman making sure she was okay on the sidewalk. She was sitting on a short brick wall). I had to stop my car because I was shaking badly. The ambulance/fire station is right across the street so they go there quickly and were gone before I got back to the area. I called the police and let them know I did it. I am meeting with them tonight and I really need to know what I should do and how I should act. I want the girl to be taken care of fairly but I also do not want to be arrested or sued. Am I going to be arrested? Should I get a lawyer? How much should I say?What is the name of your state (only U.S. law)?
  2. #2
    Zigner is offline Senior Member
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    Quote Originally Posted by slammysammy View Post
    I am in Wisconsin. I hit a pedestrian this morning. She was in the crosswalk and I was making a left turn through an intersection. I hit her with the far left (driver's side) of my car. I did not see her. I pulled over and jumped out but there were cars coming in both directions so I got back in my car to go around the block so I could get over to her (by this time there was already a woman making sure she was okay on the sidewalk. She was sitting on a short brick wall). I had to stop my car because I was shaking badly. The ambulance/fire station is right across the street so they go there quickly and were gone before I got back to the area. I called the police and let them know I did it. I am meeting with them tonight and I really need to know what I should do and how I should act. I want the girl to be taken care of fairly but I also do not want to be arrested or sued. Am I going to be arrested? Should I get a lawyer? How much should I say?What is the name of your state (only U.S. law)?
    You need an attorney - your story about why you ran doesn't even have the faintest scent of truth to it.
  3. #3
    slammysammy is offline Junior Member
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    Except that it IS the truth. Also I did not run, I came back.
  4. #4
    Zigner is offline Senior Member
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    Quote Originally Posted by slammysammy View Post
    Except that it IS the truth. Also I did not run, I came back.
    Easy enough for you to say, since nobody was there when you got back.
    You need an attorney.
  5. #5
    slammysammy is offline Junior Member
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    So what should I do when I go to the police station tonight? Should I just be silent and go get a lawyer?
  6. #6
    Zigner is offline Senior Member
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    Quote Originally Posted by slammysammy View Post
    So what should I do when I go to the police station tonight? Should I just be silent and go get a lawyer?
    Yes, prior to turning yourself in for what is likely a felony, I'd suggest you seek the services of a criminal defense attorney.
  7. #7
    campaign2010 is offline Junior Member
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    I am not an attorney.

    I would contact a criminal defense attorney immediately. Be sure to know what your financial situation is ahead of time.

    Do you have any priors (any felonies or misdemeanors)? Do you have family that can look after your apt for a few days?

    First off, calm down. You made an honest mistake, and if you have the phone # you made the call to the police from that is in your favor. Make a notation of when the call took place. Save the call log (if your phone company has online access, or save the monthly statement).

    Many crim attorneys will give a free consult. Don't necessarily go for the first ad you see in the phone book. Take a look at this site's listing, AVVO, and another site. A former prosecutor, although they may not say what you want to hear, will know the system well. They know the D.A., other attorneys, and judges. They can turn a bad situation into a not so bad situation.

    Good luck, and next time NEVER leave the scene of an accident. In almost every state I know of it is against the law. You cannot be arrested for hitting that person unless intoxicated. It is a CIVIL matter.

    Do not talk to the police until you have 2 or more crim attorneys under your belt, advice-wise!
  8. #8
    anearthw is offline Member
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    Did you go to the police station yet? If not, as others have said, you need an attorney immediately.

    You DID run. You left the scene long enough for a passerby to ask the pedestrian if they were okay, and for fire/ambulance to come to the scene and assist the pedestrian. "I came back" after that length of time is not going to garner any sympathy from the police, which is why you clearly need an attorney.

    campaign2010: How do you figure that it is not a criminal offense to hit a pedestrian and leave the scene if alcohol is not involved?

    The OP left and when he "came back", everyone was "gone". Perhaps the pedestrian was actually injured, taken to the hospital immediately, and the OP is facing a felony charge? The pedestrian might be okay and declined all medical help. Who knows.

    [url]http://www.legis.state.wi.us/statutes/Stat0346.pdf[/url]
    346.67 Duty upon striking person or attended or occupied
    vehicle. (1) The operator of any vehicle involved in an
    accident resulting in injury to or death of any person or in damage
    to a vehicle which is driven or attended by any person shall immediately
    stop such vehicle at the scene of the accident or as close
    thereto as possible but shall then forthwith return to and in every
    event shall remain at the scene of the accident until the operator
    has fulfilled the following requirements:
    (a) The operator shall give his or her name, address and the registration
    number of the vehicle he or she is driving to the person
    struck or to the operator or occupant of or person attending any
    vehicle collided with; and
    (b) The operator shall, upon request and if available, exhibit
    his or her operator’s license to the person struck or to the operator
    or occupant of or person attending any vehicle collided with; and
    (c) The operator shall render to any person injured in such accident
    reasonable assistance, including the carrying, or the making
    of arrangements for the carrying, of such person to a physician,
    surgeon or hospital for medical or surgical treatment if it is apparent
    that such treatment is necessary or if such carrying is requested
    by the injured person.
    (2) Any stop required under sub. (1) shall be made without
    obstructing traffic more than is necessary.
    History: 1991 a. 316; 1997 a. 258.
    Violation of this section is a felony. State ex rel. McDonald v. Douglas Cty. Cir.
    Ct. 100 Wis. 2d 569, 302 N.W.2d 462 (1981).

    Elements of the duty under this section are discussed. State v. Lloyd, 104 Wis. 2d
    49, 310 N.W.2d 617 (Ct. App. 1981).
    Failure to stop and render aid to multiple victims of a single accident may result
    in multiple charges without multiplicity defects arising. State v. Hartnek, 146 Wis.
    2d 188, 430 N.W.2d 361 (Ct. App. 1988).
    A “person injured” in sub. (1) (c) includes a person who is fatally injured. A subsequent
    determination of instantaneous death does not absolve a person of the duty to
    investigate whether assistance is possible. State v. Swatek, 178 Wis. 2d 1, 502
    N.W.2d 909 (Ct. App. 1993).
    “Accident” in sub. (1) means an unexpected, undesirable event and may encompass
    intentional conduct. By including intentional conduct within the definition, the
    reporting requirements do not infringe on the 5th amendment privilege against self−
    incrimination. State v. Harmon, 2006 WI App 214, 296 Wis. 2d 861, 723 N.W. 2d
    732, 05−2480.
    “Accident” in the context of sub. (1) includes, at a minimum, the operator’s loss
    of control of the vehicle that results in a collision. Because the defendant’s loss of
    control of the vehicle occurred on the highway, even though the resulting collision
    occurred off the highway, she was “involved in an accident” “upon a highway” within
    the meaning of sub. (1) and s. 346.02 (1). State v. Dartez, 2007 WI App 126, 301 Wis.
    2d 499, 731 N.W.2d 340, 06−1845.
    Sub. (1) requires an operator of a vehicle to identify him or herself as the operator
    of the vehicle. State v. Wuteska, 2007 WI App 157, 303 Wis. 2d 646, 735 N.W.2d
    574, 06−2248.
    Last edited by anearthw; 11-01-2010 at 11:24 PM.

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