Fleeing the scene due to the uncertainy

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Fleeing the scene due to the uncertainy

It was at night and I was driving to my dad’s house from work. While I was at a red light, a white truck was in front of me but backed up too close and hit the front of my car. A couple of moments went by and the car turned right. This is the first accident I’ve been in. It was the middle of the night and I couldn’t see who the driver was. I’m a teenage girl of 18 and thought that if this person was either angry or a sociopath I wouldn’t stand a chance defending myself. As result, I didn’t call the police at the scene, due to this. I did, however, make a police report at a my local station. I’m scared because I don’t know if I made the right call to leave the scene, even though it was not my fault and the damage was minor. It’s just that I was afraid for my life because I couldn’t make out the driver’s face and I didn’t know if my life was in danger.

Asked on January 27, 2018 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Failure to remain at the scene of an accident can be a felony or misdemeanor.  Based on what you describe, it would not have been more than a misdemeanor.  However, since the other car left first....the other car would actually be the guilty party.  The other car is also guilty because it was their driving that resulted in the accident.  They had the duty to stop and then to report.  Since you did report, it is not likely that charges will get pressed against you.  
If you are in this situation again, remain in your car and call the police....or get to a safe location and immediately call the police.  Either way...you notifying the police of an incident helps negate the issues associated with leaving the scene of a crime.  
As far as the people that were involved, you are 18 and a young driver.  You may not realize it, but often people who drive stick shifts will often drift backwards when they are rest at a stop sign or stop light.  It is scary when the car comes back at you....but it doesn't sound like they were angry at you.  If this had been a road rage event, they would have gotten out of their vehicle and caused a scene.  Most likely, they just didn't know how to drive a stick....and you got the shaft since it was your car that sustained the damage.


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