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Loren
Loren, Lawyer
Category: Traffic Law
Satisfied Customers: 31966
Experience:  Former Asst State Attorney/Hearing Officer
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My brother was involved in an accident with a pedestrian

Customer Question

My brother was involved in an accident with a pedestrian while driving an unregistered/uninsured vehicle 2 days ago. He was going the speed limit and the pedestrian stepped in front of his car at a busy intersection. He stopped, called paramedics and stayed on the scene for several hours. He was issued a ticket for misuse of plates, driving without registration or insurance and an expired license, and the car was impounded. He was not detained or given a sobriety test but is terrified they are going still to arrest him for something. Should my family hire an criminal attorney or will this be a civil matter
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Loren replied 1 year ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

I would expect that there will be a civil claim at some point, but for now all you have are traffic tickets. For that reason, a criminal attorney is probably called for now. If and when a civil claim is made by the pedestrian a civil attorney should be retained. Tell your brother he should not make any statements to anyone about the accident until he speaks with an attorney.

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Expert:  Loren replied 1 year ago.

Are you online with me?

Customer: replied 1 year ago.
That is what I suspected but in the newspaper articles it states "The police stated that the driver stayed on the scene and charges will be filed."
What if anything could they arrest him for?
Expert:  Loren replied 1 year ago.

It could be reckless or negligent driving, or it could be nothing. Right now it is mere speculation. The newspaper article may not be accurate.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question

Customer: replied 1 year ago.
Wouldn't they have charged him with either the night of the accident? I understand the investigation might reveal speed as a factor but there were no tire marks, no indication or testing for alcohol or drugs...im just confused as to how and/or why
Expert:  Loren replied 1 year ago.

They do not have to charge at the scene. They have time and if they are investigating they may wait.

Expert:  Loren replied 1 year ago.

There is really nothing to do right now but wait and see.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question