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Hi I accidentally hit a pedestrian turning right as he was

crossing the street. It was...
Hi I accidentally hit a pedestrian turning right as he was crossing the street. It was an elderly man who fell and seemingly broke his arm. I called the 911 and he was taken away to the hospital. What am I suppose to do now ? Do I need a lawyer and will I be facing criminal charges ? I live in ny
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Answered in 5 minutes by:
10/13/2013
Brandon, Esq.
Brandon, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 1,953
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Verified

Brandon, Esq. :

Hello, my name is XXXXX XXXXX it will be my pleasure to assist you today. My goal is to provide you with excellent service. Are you online with me today?

Brandon, Esq. :

Welcome to the chat

Brandon, Esq. :

There are two separate issues here. The potential criminal liability, and the potential civil liability

Brandon, Esq. :

If this person brings a lawsuit against you, it is the responsibility of your insurance carrier to defend you against any claims. If this person ends up making claims in excess of your policy, then, and only then, will you need to get an attorney

Brandon, Esq. :

This is a separate issue from any criminal liability you may face

Brandon, Esq. :

Because you called 911, it is likely that the police will not charge you with a battery.

Customer: So once I receive the case number XXXXX the police I should call car insurance and report an accident ? They r suppose to take care of all charges even criminal if they would be brought against me ?
Brandon, Esq. :

No, the insurance will take care of any civil matter against you.

Brandon, Esq. :

This is separate than if the state of new york decides to charge you with a crime.

Brandon, Esq. :

(which again is unlikely depending on the circumstances)

Brandon, Esq. :

What will likely happen is that this gentleman will file a negligence claim against you (and ultimately your insurance carrier)

Brandon, Esq. :

But in response to your question, yes, you should call your car insurance and report the accident. They will take care of everything civilly after this

Customer: So the negligence cLaim goes they insurance ?
Brandon, Esq. :

Yes, any negligence claim would be taken care of by the insurance company. The only time you will want to get a private attorney involved is if you have a minimum policy and this person is claiming millions of dollars in damage.

Brandon, Esq. :

This is because while an insurance company is required to defend you, if they know that they will be paying out the policy regardless, they (rarely, but does happen) do not always act in the best interest of the insured

Customer: Ok I think I got it. So need need for a criminal lawyer as of right now ? What if that elderly person dies ? Does that change the process and the claims that might be files against me ?
Brandon, Esq. :

Yes. If the person dies they would not longer file a negligence claim, but rather the family of that individual would file a wrongful death claim.

Brandon, Esq. :

no longer

Brandon, Esq. :

The process would be the same however

Brandon, Esq. :

at least on your end

Brandon, Esq. :

And again, the criminal lawyer would only become important if you were charged with a crime

Brandon, Esq. :

On the police report, usually they will put a code if they believe a crime has been committed

Customer: Will the wrongfully death case go thru instance as well ?
Brandon, Esq. :

Yes insurance will handle anything and everything as long as you did not intentionally run this person over with your car

Brandon, Esq. :

Then this would be considered an intentional tort and you would have to defend yourself

Customer: Ok thank you. Definerly no intentions. This was helpful
Brandon, Esq. :

Not a problem. Have I fully answered your question today?

Customer: Yes. I might have more questions later. But this is it for now
Brandon, Esq. :

If you need to ask for me again, please feel free to do so here:

Brandon, Esq. :

http://www.justanswer.com/law/expert-accident-expert/

Brandon, Esq. :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.

Customer: Ok. Thanks. Is there a way to have the copy of this conversation emailed to me ?
Brandon, Esq. :

Once you provide a positive rating a print button will appear on your screen. Then you can print it, copy it, email it, or do anything else with it as it will become part of your account.

Customer: Great thanks
Brandon, Esq. :

Have a wonderful rest of your day.

Brandon, Esq.
Brandon, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 1,953
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Verified
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Brandon, Esq.
Brandon, Esq.
Brandon, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 1,953
1,953 Satisfied Customers
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.

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