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RobertJDFL, Attorney
Category: Traffic Law
Satisfied Customers: 11985
Experience:  Experience in numerous areas of the law.
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Vehicle law JA: The Lawyer will need to help you with this.

Customer Question

Vehicle law
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Lawyer can help you best.
Customer: I lost control of my vehicle in the rain, spun and hit a highway barrier. I was the only car involved and drove away without calling the police
JA: Please give me a bit more information, so we can help you best.
Customer: It was a freeway onramp in Michigan
JA: Is there anything else important you think the Lawyer should know?
Customer: I'm fighting a ticket from an accident in Jan.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Traffic Law
Expert:  RobertJDFL replied 5 months ago.
Thank you for using Just Answer. I look forward to assisting you.Can you tell me what you were cited for, specifically? And what is the legal question you have about this matter this evening?
Customer: replied 5 months ago.
I didn't call the police since i was the only car involved and the barrier wasn't damaged
Customer: replied 5 months ago.
Is that illegal? What should I do now?
Customer: replied 5 months ago.
I hit a highway barrier getting on i94, But didn't call the police
Expert:  RobertJDFL replied 5 months ago.
Thank you for your reply. You don't say what you were cited for, but I believe it was this:257.618 Accidents; damage to vehicles; stopping required; reporting to police agency or officer; penalty.Sec. 618.(1) The driver of a vehicle who knows or who has reason to believe that he has been involved in an accident upon public or private property that is open to travel by the public shall immediately stop his or her vehicle at the scene of the accident and shall remain there until the requirements of section 619 are fulfilled or immediately report the accident to the nearest or most convenient police agency or officer to fulfill the requirements of section 619(a) and (b) if there is a reasonable and honest belief that remaining at the scene will result in further harm. The stop shall be made without obstructing traffic more than is necessary. (2) If an individual violates the requirements of subsection (1) and the accident results in damage to a vehicle operated by or attended by any individual, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.The issue is you didn't stop and contact someone, when the law requires it, even where there's no damage. You're likely looking at points and a fine if found guilty. I definitely would talk to a traffic lawyer in your area before your court date. A lawyer could argue that there was no damage, or even if there was minimal damage, you were fully insured to cover it. If you need clarification or additional information, please reply and I'll be happy to assist further. Thank you.
Customer: replied 5 months ago.
Can i still report the accident? It was less than 24 hours ago
Expert:  RobertJDFL replied 5 months ago.
It would be moot to report it now, if this is what you were indeed cited for, unfortunately --since the statute requires that a person "immediately" stop and report unless it would be unsafe to do so, and they have now cited you.
Customer: replied 5 months ago.
I wasn't cited for anything- no police involvement
Expert:  RobertJDFL replied 5 months ago.
My apologies --I saw that you had written that you were fighting a ticket --I took it to mean this one. Well, in that case, you can approach the current situation in one of two ways. If there was no damage, and you are sure of that, you could just not report it. But if there were highway cameras or a witness that you didn't see, you could end up being cited later on. Second option would be to report it now to the police and tell them it was dark, there didn't appear to be damage to the barrier, but it was the highway and not safe to stop, and it wasn't until later, less then 24 hours after the incident, that you were informed that you should call.
Customer: replied 5 months ago.
Im thinking I'll head to the police station to file an accident report in the morning?
Expert:  RobertJDFL replied 5 months ago.
I can't advise you what to do or not do - it is possible they may cite you for not reporting it when it happened. That is why I would stress that it was poor weather conditions and you couldn't see any damage, and as there was no damage, and it wasn't a safe place to stop as it was on the highway and cars could have come at any minute and not seen you and caused another accident, etc., you continued on, but were then informed that you should have reported it.
Customer: replied 5 months ago.
I know there are traffic cams on that road and I don't want crazy trouble. What would you do?
Expert:  RobertJDFL replied 5 months ago.
Me personally? I'd rather report it, especially knowing that cameras may have already picked it up. I think it looks better for you also to have come forward to report it, even after the fact/