Personal Injury Law
Personal Injury Law Question? Ask Personal Injury Lawyers.
Yes, it is a very complex fact situation. It depends on what the state intends to do, i.e. are they going to file criminal charges, or let the matter become a civil "wrongful death" case to be settled by the insurance companies.? I will off a phone consultation.
Those facts are all possible defenses which a skilled trial lawyer might use to win the case for you. Also, and more importantly, a skilled trial lawyer might convince the prosecutor to drop that charge. You won't, because the prosecutor knows s/he can run over you in a trial. This is a word to the wise.
The state will have a tough time proving that the accident caused that fellow's death, as opposed to his health and what might be proved to be a minor physical impact. I think your chances of winning are pretty good, using a lawyer and an accident reconstruction expert. If you have you been offered a public defender you should listen to him/her,.
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