Near miss at S Eads and S 26th Road, Arlington, Va
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- This topic has 10 replies, 8 voices, and was last updated 5 years, 8 months ago by
dasgeh.
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July 26, 2019 at 8:32 pm #1099922
mstone
Participant@lordofthemark 192344 wrote:
Was it improper for the EMTs to respond that she could leave?
IMO, it would be improper for them to tell someone they couldn’t leave.
July 29, 2019 at 2:19 am #1099951
kwarkentienParticipant@mstone 192345 wrote:
IMO, it would be improper for them to tell someone they couldn’t leave.
They truly don’t have any authority to require the driver to stay but I would’ve hoped that they would’ve at least tried to convince the driver to stay until PD arrived to “take a report.”
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July 29, 2019 at 12:13 pm #1099953Participant@kwarkentien 192376 wrote:
They truly don’t have any authority to require the driver to stay but I would’ve hoped that they would’ve at least tried to convince the driver to stay until PD arrived to “take a report.”
Even that is pretty deep into “not their job” territory. Lesson learned: take pictures of the car and the driver?
July 29, 2019 at 1:23 pm #1099916
StardusterParticipantlordofthemark…damn. So sorry this happened. Heal up & get your groove back.
As to that motorist… 😡
August 7, 2019 at 7:29 pm #1100047dasgeh
Participant@lordofthemark 192344 wrote:
Was it improper for the EMTs to respond that she could leave?
The officer should have taken a report if you asked him to. Not clear from your post if you asked for that or if it was offered. This was clearly an incident with injury, so it’s important that ACPD track these.
I believe the relevant Virginia Code on this is:
Quote:§ 46.2-894. Duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property; penalty.
The driver of any vehicle involved in an accident in which a person is killed or injured or in which an attended vehicle or other attended property is damaged shall immediately stop as close to the scene of the accident as possible without obstructing traffic, as provided in § 46.2-888, and report his name, address, driver’s license number, and vehicle registration number forthwith to the State Police or local law-enforcement agency, to the person struck and injured if such person appears to be capable of understanding and retaining the information, or to the driver or some other occupant of the vehicle collided with or to the custodian of other damaged property. The driver shall also render reasonable assistance to any person injured in such accident, including taking such injured person to a physician, surgeon, or hospital if it is apparent that medical treatment is necessary or is requested by the injured person.Where, because of injuries sustained in the accident, the driver is prevented from complying with the foregoing provisions of this section, the driver shall, as soon as reasonably possible, make the required report to the State Police or local law-enforcement agency and make a reasonable effort to locate the person struck, or the driver or some other occupant of the vehicle collided with, or the custodian of the damaged property, and report to such person or persons his name, address, driver’s license number, and vehicle registration number.
Any person convicted of a violation of this section is guilty of (i) a Class 5 felony if the accident results in injury to or the death of any person, or if the accident results in more than $1000 of damage to property or (ii) a Class 1 misdemeanor if the accident results in damage of $1000 or less to property.
Sounds like the driver left before complying with the law. I don’t know whether it’s worth a call to the responding officer to point this out. As far as I know, the EMT is in no position to offer advice to anyone whether they need to stay or go for the purposes of the police reporting.
August 7, 2019 at 9:31 pm #1100048scoot
ParticipantIs a driver legally considered to have been “involved” in a situation like this, when they did not experience any collision or injury themselves but committed actions that arguably contributed to or caused the incident?
August 8, 2019 at 2:04 am #1100050zsionakides
Participant@scoot 192513 wrote:
Is a driver legally considered to have been “involved” in a situation like this, when they did not experience any collision or injury themselves but committed actions that arguably contributed to or caused the incident?
If a car drove the wrong way down a highway and caused other vehicles to have collisions, but was not actually in a collision themselves, they should certainly be found liable as the negligent party.
August 8, 2019 at 11:36 am #1100052
SunyataParticipant@scoot 192513 wrote:
Is a driver legally considered to have been “involved” in a situation like this, when they did not experience any collision or injury themselves but committed actions that arguably contributed to or caused the incident?
Absolutely.
August 8, 2019 at 1:47 pm #1100051Participant@zsionakides 192516 wrote:
If a car drove the wrong way down a highway and caused other vehicles to have collisions, but was not actually in a collision themselves, they should certainly be found liable as the negligent party.
Which isn’t the same thing as “does the hit and run law apply”. Note the language of the statute quoted talks about being “involved in an accident”. What’s the legal meaning of “accident” in this context? It’s not in the definitions section, but later the section talks about “person struck and injured” or “vehicle collided with” or “other damaged property”. It does not talk about “person who caused someone else to hurt themselves whilst trying to avoid a collision with the first person”. If nobody was struck or collided with, does this statute apply? ¯_(ツ)_/¯
August 9, 2019 at 4:12 pm #1100064Participant@mstone 192523 wrote:
Which isn’t the same thing as “does the hit and run law apply”. Note the language of the statute quoted talks about being “involved in an accident”. What’s the legal meaning of “accident” in this context? It’s not in the definitions section, but later the section talks about “person struck and injured” or “vehicle collided with” or “other damaged property”. It does not talk about “person who caused someone else to hurt themselves whilst trying to avoid a collision with the first person”. If nobody was struck or collided with, does this statute apply? ¯_(ツ)_/¯
In this case, the person collided with the ground.
I’m not saying which way a Virginia judge would come down on this, but it’s a reasonable argument. Just like if a person were driving the wrong way down a highway, and other drivers struck barriers or trees while avoiding the wrong-way driver, I would make the argument that the statute applies. The cars (not even persons) collided with barriers/trees.
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