Hit, not run...

[Pennie11]

MN While rolling about 10 mph in a parking lot, at night, fairly well lit but raining a pedestrian seemed to appear from nowhere and was hit. Before the driver & passenger can even get out of the vehicle and run to her, she is up on her feet. Her keys are nearby and one shoe is 15 ft away, give or take. She has a small cut to her head and says her arm hurts but refuses all suggestions of going into the building (a busy casino), or calling police - very poor english, however just wants a ride home. after 10 minutes asks the passenger to drive her car home and we complied after attempting to bring her to a hospital 1st - which she protested. Dropped her off at home and waited to hear from police, which we did but have not spoke to them yet.

How bad is this situation?

 

[quincy]

MN While rolling about 10 mph in a parking lot, at night, fairly well lit but raining a pedestrian seemed to appear from nowhere and was hit. Before the driver & passenger can even get out of the vehicle and run to her, she is up on her feet. Her keys are nearby and one shoe is 15 ft away, give or take. She has a small cut to her head and says her arm hurts but refuses all suggestions of going into the building (a busy casino), or calling police - very poor english, however just wants a ride home. after 10 minutes asks the passenger to drive her car home and we complied after attempting to bring her to a hospital 1st - which she protested. Dropped her off at home and waited to hear from police, which we did but have not spoke to them yet.

How bad is this situation?

Are you the driver, passenger or the one injured?

I would say the situation is bad and all involved should have attorneys. No one should speak to the police without their attorney present.

The situation was handled poorly.

 

[mjpayne]

MN While rolling about 10 mph in a parking lot, at night, fairly well lit but raining a pedestrian seemed to appear from nowhere and was hit. Before the driver & passenger can even get out of the vehicle and run to her, she is up on her feet. Her keys are nearby and one shoe is 15 ft away, give or take. She has a small cut to her head and says her arm hurts but refuses all suggestions of going into the building (a busy casino), or calling police - very poor english, however just wants a ride home. after 10 minutes asks the passenger to drive her car home and we complied after attempting to bring her to a hospital 1st - which she protested. Dropped her off at home and waited to hear from police, which we did but have not spoke to them yet.

How bad is this situation?

You heard from the police, but did not speak to them? Could you elaborate?

 

[quincy]

The police often call to ask people to come in to answer questions. Nothing is discussed over the phone.

No questions should be answered by Pennie without an attorney present.

 

[mjpayne]

The police often call to ask people to come in to answer questions. Nothing is discussed over the phone.

No questions should be answered by Pennie without an attorney present.

Here's what MN says:

The driver of a vehicle involved in a collision resulting in bodily injury to or death of another shall, after compliance with this section and by the quickest means of communication, give notice of the collision to the local police department if the collision occurs within a municipality, to a State Patrol officer if the collision occurs on a trunk highway, or to the office of the sheriff of the county.

(a) The driver of a vehicle involved in an accident resulting in bodily injury to or death of any individual or total property damage to an apparent extent of $1,000 or more, shall forward a written report of the accident to the commissioner of public safety within ten days of the accident. On the required report, the driver shall provide the commissioner with the name and policy number of the insurer providing vehicle liability insurance coverage at the time of the accident.

Those seem to be his reporting requirements to government orgs as far as MN is concerned. He can either talk to his insurer or an attorney, depending on how serious he thinks the woman's injury is. Talking to a lawyer may very well end up more expensive than talking to his insurer. I doubt anything is going to happen to him as long as he didn't do anything else, like driving drunk or running a stop sign (or whatever regulations they have on that parking lot).

That parking lot may also have surveillance, so it may be prudent to acquire the video footage (if available) before they delete it.

 

[quincy]

Here's what MN says:





Those seem to be his reporting requirements to government orgs as far as MN is concerned. He can either talk to his insurer or an attorney, depending on how serious he thinks the woman's injury is. Talking to a lawyer may very well end up more expensive than talking to his insurer. I doubt anything is going to happen to him as long as he didn't do anything else, like driving drunk or running a stop sign (or whatever regulations they have on that parking lot).

That parking lot may also have surveillance, so it may be prudent to acquire the video footage (if available) before they delete it.

There were actions taken after the accident that put the driver and passenger in legally precarious positions. If the police are contacting the individuals involved, an attorney will be of more help now than the insurer.

 

[mjpayne]

There were actions taken after the accident that put the driver and passenger in legally precarious positions. If the police are contacting the individuals involved, an attorney will be of more help now than the insurer.

What's that?

 

[quincy]

What's that?

Not staying at the scene for police to arrive and not calling for medical assistance.

 

[Zigner]

Not staying at the scene for police to arrive and not calling for medical assistance.

Was there such a duty imposed on the passenger?

 

[mjpayne]

Not staying at the scene for police to arrive and not calling for medical assistance.

Well, he did do what the injured woman asked, which seems to satisfy:

The driver shall render reasonable assistance to any individual injured in the collision.

Which he really couldn't do without leaving the scene and driving her home. It looks like he also has 72 hours to contact the police about it. I skimmed the statute, but I don't see where it's absolutely unavoidable to physically wait there for the cops to arrive. Also:

It is an affirmative defense to prosecution under subdivisions 1, 2, and 6 that the driver left the scene of the collision to take any individual suffering immediately demonstrable bodily injury in the collision to receive emergency medical care if the driver of the involved vehicle gives notice to a law enforcement agency as required by subdivision 6 as soon as reasonably feasible after the emergency medical care has been undertaken.

OP said he attempted to bring her to a hospital, so he obviously left the scene to do that. Not his fault she later refused. Can't force a conscious person to go to the hospital. He either had to drive her where she wanted to go or let her out of the car.

 

[quincy]

Those can be defenses. Unfortunately, there is no police report from the scene nor immediate assessment of injuries sustained.

Contacting attorneys seems the proper course of action.

 

[quincy]

Was there such a duty imposed on the passenger?

Possibly. The passenger took it upon him/herself to remove the injured's vehicle from the scene of the accident.

 

[mjpayne]

Those can be defenses. Unfortunately, there is no police report from the scene nor immediate assessment of injuries sustained.

Contacting attorneys seems the proper course of action.

Sure, maybe he can get a free consultation. I wouldn't spend too much money on it in this case just as I wouldn't hire a limousine company to drive me around to avoid potential liability from a car crash. OP can do as he likes, but I wouldn't worry too much about it.

 

[mjpayne]

Possibly. The passenger took it upon his/herself to remove the injured's vehicle from the scene of the accident.

She got permission to drive her car. I don't see what the big deal is.

 

[Just Blue]

Those can be defenses. Unfortunately, there is no police report from the scene nor immediate assessment of injuries sustained.

Contacting attorneys seems the proper course of action.

As the woman has a head injury I doubt OP has much of a defense. A reasonable person would have called 911.