Hit a pedesterian, will I go to jail?

[Sharks12]

What is the name of your state (only U.S. law)? California

Hi, I was Driving down a street, and In a mid block crosswalk, I hit a pedesterian with my car. I was traveling 10-15 miles a hour and was below the speed limit. I do not know what happened to the pedesterian. Is it possible I will go to prison if he dies?, I don't know the situation of the pedesterian. The police took a statement and gave me a ticket. No alcohol was involved.

Thank you
Aravind

 

[ecmst12]

It's possible you could be charged with a crime. If you are, you get a lawyer.

I hope your insurance coverage is sufficient to compensate him for his injuries.

 

[Antigone*]

It's possible you could be charged with a crime. If you are, you get a lawyer.

I hope your insurance coverage is sufficient to compensate him for his injuries.

He should have called his insurance and the CA DMV as well to report the accident.

 

[LdiJ]

He should have called his insurance and the CA DMV as well to report the accident.

Really? In CA you are required to report it to the DMV yourself? The police don't do that? How interesting.

 

[Antigone*]

Really? In CA you are required to report it to the DMV yourself? The police don't do that? How interesting.

V C Section 20008 Duty to Report Accidents

VC Section 20008 Duty to Report Accidents
20008. (a) The driver of a vehicle, other than a common carrier vehicle, involved in any accident resulting in injuries to or death of any person shall within 24 hours after the accident make or cause to be made a written report of the accident to the Department of the California Highway Patrol or, if the accident occurred within a city, to either the Department of the California Highway Patrol or the police department of the city in which the accident occurred. If the agency which receives the report is not responsible for investigating the accident, it shall immediately forward the report to the law enforcement agency which is responsible for investigating the accident.

On or before the fifth day of each month, every police department which received a report during the previous calendar month of an accident which it is responsible for investigating shall forward the report or a copy thereof to the main office of the Department of the California Highway Patrol at Sacramento.

(b) The owner or driver of a common carrier vehicle involved in any such accident shall make a like report to the Department of California Highway Patrol on or before the 10th day of the month following the accident.

Amended Ch. 224, Stats. 1970. Effective November 23, 1970.

 

[Zigner]

That doesn't actually refer to the DMV reporting requirement.

http://dmv.ca.gov/forms/sr/sr1.htm

 

[LdiJ]

That doesn't actually refer to the DMV reporting requirement.

Traffic Accident Report SR 1

Here is what that link says:

If you are involved in a vehicle accident that occurred in California, you must report it to DMV if:

There was property damage of more than $750 or
Anyone was injured (no matter how minor) or
Anyone was killed.
Each driver must make a report to DMV within 10 days, whether you caused the accident or not and even if the accident occurred on private property. Mail the completed report form to the address on the form.

That is definitely interesting. I would have thought it would be the responsibility of the police to report it to the DMV.

 

[Antigone*]

Here is what that link says:






That is definitely interesting. I would have thought it would be the responsibility of the police to report it to the DMV.

The police and the CHP do report as well. See paragraph (a) of the code I provided.

 

[Zigner]

The police and the CHP do report as well. See paragraph (a) of the code I provided.

Ummm, no it doesn't. That simply states that if the report is made to the wrong agency, that agency needs to forward it to the right agency

 

[Antigone*]

Ummm, no it doesn't. That simply states that if the report is made to the wrong agency, that agency needs to forward it to the right agency

I can't win with you today, huh

Did I read this wrong too?

On or before the fifth day of each month, every police department which received a report during the previous calendar month of an accident which it is responsible for investigating shall forward the report or a copy thereof to the main office of the Department of the California Highway Patrol at Sacramento.

eta... before you slam me. Yes I read it incorrectly, they repor to the CHP not the DMV.

In any case, if the OP has not reported his accident he/she should do so.

 

[Zigner]

I can't win with you today, huh

Did I read this wrong too?



eta... before you slam me. Yes I read it incorrectly, they repor to the CHP not the DMV.

It happens to the best of y'all some times...and I am far from that!

In any case, if the OP has not reported his accident he/she should do so.

Emphatically agree.

 

[nextwife]

Of course the BIG factor in this is WHO had the right of way.

Was the driver proceeding through a green turn arrow? Or rushing to make a right turn on red, only looking at oncoming vehicle traffic from the adjacent street and oblivious to parties who had a 30 seciond walk signal? Were they fiddling with their cel phone, or texting, instead of looking both ways at the crosswalk?

 

[ecmst12]

There's no question of right of way here. The pedestrian was IN A CROSSWALK. Pedestrians in a crosswalk ALWAYS have the right of way. It doesn't matter WHY OP hit him or what he was doing when it happened.

 

[davew128]

There's no question of right of way here. The pedestrian was IN A CROSSWALK. Pedestrians in a crosswalk ALWAYS have the right of way. It doesn't matter WHY OP hit him or what he was doing when it happened.

Well THAT'S not true. By your reasoning a pedestrian could run out into the middle of fast moving traffic against the light and any auto that hits him is at fault if he does so in the crosswalk. Pedestrians have responsibilities as do drivers. Even in CA.

 

[ecmst12]

The middle of fast moving traffic would not be in a crosswalk. It's possible that if there is proof that the pedestrian truly RAN out into traffic without looking, some portion of the fault could be shifted, but really in a crosswalk drivers are supposed to expect pedestrians. Even crossing against the light does not remove their ROW.