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Car A perhaps texting? Or chatting on the phone? Either way, if you know the person passed notification of Car A operator is a moot point if you are the operator of car A.
Someone with no auto insurance coverage (or only state minimums) and no assets would then probably serve jail time. However, as another poster pointed out, if the crash was a result of alcohol or drugs jail time could also be implemented.
Debtors prison? No. Jail time and ability to pay are separate.
I would think many people, again, so long as we're not dealing with a situation like DUI or something would be notified by their insurance company. Most of, if not all of the police investigation is generally going to take place at the scene.
I would concur with RichCapeCod.. A situation where someone is drunk and causes a death.. There's probably going to be jail time. The amount depends on how egregious the DUI is. Someone who is a first offense .07 or .08 probably is going to get a minimal amount (And yes, while .07 is below the legal limit, prosecutors can and will pursue DUI charges in many instances)... Someone on their 5th DUI or with a .20 BAC will likely get some serious time.
Imagine this.. Cruising down the interstate at 70, doing the speed limit, change lanes and you clip a car that was in your blind spot. Car loses control and careens head first into a barrier, killing the driver. You would be charged for, most likely, unsafe lane change and you would be responsible for the death. However, no reasonable prosecutor is going to bring additional charges. It is what it is.. A horrible accident.
Imagine this.. Cruising down the interstate at 70, doing the speed limit, change lanes and you clip a car that was in your blind spot. Car loses control and careens head first into a barrier, killing the driver. You would be charged for, most likely, unsafe lane change and you would be responsible for the death. However, no reasonable prosecutor is going to bring additional charges. It is what it is.. A horrible accident.
So lets say the driver doesn't die right away, lets say the driver dies while en route to the hospital or at the hospital. How long would it be before you're notified of the death by the police or the insurance company, ect?
So lets say the driver doesn't die right away, lets say the driver dies while en route to the hospital or at the hospital. How long would it be before you're notified of the death by the police or the insurance company, ect?
They have no specific obligation to notify you. If a claim is brought against you, or if the police are investigating, possibly charging you, they might tell you are part of the investigation.
Otherwise, you can research it for yourself - search for news articles, or go to the police department yourself to request a copy of the police report.
So lets say the driver doesn't die right away, lets say the driver dies while en route to the hospital or at the hospital. How long would it be before you're notified of the death by the police or the insurance company, ect?
I know this has been suggested above but if in fact Driver B was killed Driver A needs to retain legal counsel to discuss potential criminal charges.
It can take months before the accident reconstruction is completed by the police. Therefore it can be months before charges are filed.
Driver A should also put their insurance carrier on notice of the accident to protect their coverage for the all-but-certain civil suit.
How would the police know that was the actual crime?
Aaaaanyway.
There are separate issues to be dealt with, criminal and civil. Based on events around here the DA has a lot of latitude to charge or not. Civil cases would depend on the family and any survivors.
Yes, DAs/prosecutors have wide discretion in general when it comes to charging. Just because one person was at fault and there was a death doesn't mean the person at fault would automatically be charged with anything serious. The civil aspect is a whole separate issue, and the burden of proof in torts cases is far lower than in criminal cases.
[quote=Labonte18;50369340]Debtors prison? No. Jail time and ability to pay are separate.
I would think many people, again, so long as we're not dealing with a situation like DUI or something would be notified by their insurance company. Most of, if not all of the police investigation is generally going to take place at the scene.
I would concur with RichCapeCod.. A situation where someone is drunk and causes a death.. There's probably going to be jail time. The amount depends on how egregious the DUI is. Someone who is a first offense .07 or .08 probably is going to get a minimal amount (And yes, while .07 is below the legal limit, prosecutors can and will pursue DUI charges in many instances)... Someone on their 5th DUI or with a .20 BAC will likely get some serious time.
Imagine this.. Cruising down the interstate at 70, doing the speed limit, change lanes and you clip a car that was in your blind spot. Car loses control and careens head first into a barrier, killing the driver. You would be charged for, most likely, unsafe lane change and you would be responsible for the death. However, no reasonable prosecutor is going to bring additional charges. It is what it is.. A horrible accident.[/quot
In some states if you cause an accident and did not have insurance you could also serve jail time!
This illustrates why you shouldn't be sticking to the state minimum for liability insurance. It doesn't cost that much more to raise the liability coverage, and you can't guarantee that you will never be the at-fault driver.
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