No witness to accident

[jwspilot]

What is the name of your state? Pa
My husband was involved in an accident around 2:30 am the car that he was in did a 180 and struck a tree. He was found at 9:30 am wandering and confused about a 1/4 mile away. there were no witnesses to the accident. Since he left home at 7:30pm in the vehicle can the police assume that he was driving since no one saw him in the car. He also has suffered from amnesia since 11:30 that evening until he was found at 9:30 the next morning.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Pa
My husband was involved in an accident around 2:30 am the car that he was in did a 180 and struck a tree. He was found at 9:30 am wandering and confused about a 1/4 mile away. there were no witnesses to the accident. Since he left home at 7:30pm in the vehicle can the police assume that he was driving since no one saw him in the car. He also has suffered from amnesia since 11:30 that evening until he was found at 9:30 the next morning.

My response:

Yes, alcoholic stupors do this to people.

As far as the police are concerned, and whether your husband was the driver, they can use the old saying, "If it walks like a duck, and quacks like a duck, it must be a duck."

Or, they can use, "If a tree falls in the forest, and no one is around to hear it fall, does it make a sound?"

Look, if he's the one who's injured, and there's no one else involved in the crash, then it's circumstantial evidence that it was your husband who was driving. People have been convicted with nothing more than circumstantial evidence.

IAAL

 

[stephenk]

what story is your husband telling you in regard to what happened that evening?

 

[jwspilot]

He is a diabetic and has heart problems he states that he has no memory of the vening after he left a friends house at 11:30 alchohol was not an issue.

 

[h-town]

i am a police officer in texas. the only way, in texas, we can get him as the driver is if we have a credible witness or if we see him stationary but with the car in drive or in a moving lane of traffic but stationary. you may want to check with the traffic division where you live. are they charging him with something or is it an insurance claim issue?

 

[jwspilot]

They issued him two tickets one was for careless driving.
and, driving on roadways laned for traffic.
It is not an insurance issue.

 

[h-town]

tell him to pled not guilty. they will have a next to impossible time proving he was driving unless they have a witness or he admitted to driving. the citation is a criminal charge and must be proved beyond a reasonable doubt; not circumstantial evidence thats as weak as because its his car or he was driving hours earlier. don't give in!!!!