Hit, not run...

[quincy]

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

I agree.

The accident as described was not a simple bump. The victim's shoe was found 15' from place of impact.

 

[Ohiogal]

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.

Those are not defenses that he did what the injured woman asked. Reasonable would have been calling the police and am ambulance. He didn't take the woman to receive emergency medical care nor informed law enforcement. SO .. OP is in the wrong … and YOU are just completely wrong.

 

[Ohiogal]

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

That is YOUR problem that you don't see the big deal is. She had an injury … There is no evidence of how that affected her judgment at the time.

 

[not2cleverRed]

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.

Um, I'm sorry, but nowhere in the initial post was there a reference to the driver or passenger's medical training.

Now, every first aid and CPR course that I've taken has stressed the importance of calling for help.

The routine for reasonable person is to stay at the scene, send someone for help, and to offer such medical aid to the extent of their ability/training until they can get someone more qualified to take over.

If she had a head injury, the only place she should have been moved to is the back of an ambulance.

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

Well, for starters... insurance...

Please, your idea of "common sense" advice is just wrong.

 

[not2cleverRed]

How bad is this situation?

BAD.

What should have happened:

1) Driver stays at the scene until police come and take a report, ambulance comes and takes the victim.
2) Call 911 for help.
3) Try to keep the victim there, calm, while waiting for the ambulance. Try to exchange information.
4) Contact insurance....

 

[mjpayne]

Um, I'm sorry, but nowhere in the initial post was there a reference to the driver or passenger's medical training.

Now, every first aid and CPR course that I've taken has stressed the importance of calling for help.

If he had no medical training, then pretty much the only reasonable help he could offer her is driving her to a hospital, which he tried to do until she refused, at which point he did whatever she asked.

The routine for reasonable person is to stay at the scene, send someone for help, and to offer such medical aid to the extent of their ability/training until they can get someone more qualified to take over.

I guess you need to contact MN and tell them their law is unreasonable, since it seems to imply it's OK to leave the scene with the intent of getting the injured party to a place that gives medical care.

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.

If she had a head injury, the only place she should have been moved to is the back of an ambulance.

Well, for starters... insurance...

Please, your idea of "common sense" advice is just wrong.

I'll be right in line behind the Revisor of MN.

 

[quincy]

There was NO transportation to the hospital for medical care nor was there any initial contact made to the police.

Are you reading what you are posting?

The parties involved need to contact attorneys, for very different reasons.

 

[Just Blue]

If he had no medical training, then pretty much the only reasonable help he could offer her is driving her to a hospital, which he tried to do until she refused, at which point he did whatever she asked.I guess you need to contact MN and tell them their law is unreasonable, since it seems to imply it's OK to leave the scene with the intent of getting the injured party to a place that gives medical care.

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.

I'll be right in line behind the Revisor of MN.

Please re-read the opening post.

 

[mjpayne]

There was NO transportation to the hospital for medical care nor was there any initial contact made to the police.

Are you reading what you are posting?

The parties involved need to contact attorneys, for very different reasons.

They said they attempted to bring her to the hospital first, which appears to be their reason for initially leaving the scene, but she refused, so they instead dropped her off at her home as she requested. If they left to bring her to the hospital, but she later refused, I doubt it can be used to attack their defense of their actions. Not their fault the injured woman refused.

 

[quincy]

They said they attempted to bring her to the hospital first, which appears to be their reason for initially leaving the scene, but she refused, so they instead dropped her off at her home as she requested. If they left to bring her to the hospital, but she later refused, I doubt it can be used to attack their defense of their actions. Not their fault the injured woman refused.

There was nothing correct about the driver's actions, from the time the driver hit the woman in the parking lot (with enough impact to separate victim from shoe) to removing the victim and the victim's vehicle from the scene of the accident and dropping a bleeding and injured victim off at her home.

All parties should have attorneys. The actions of the driver and passenger were irresponsible and could cost them dearly.