If I recently discovered that I was passing out for brief moments and had an accident, am I responsible since I was not conscious of the occurrence?

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If I recently discovered that I was passing out for brief moments and had an accident, am I responsible since I was not conscious of the occurrence?

I have been seeing a doctor and I seem to be doing fine now. I was apparently in a minor accident that I was not even aware of. I must have lost consciousness and bumped into someone and came to and went on my way. I was in another accident about 3 months prior so I didn’t notice any further damage to my truck as it was already damaged. Anyhow, they got my license plate and and sent me a summons to court charging me with leaving the scene, reckless driving, and aggressive driving. I understand that I am responsible for the accident but am I responsible for those violations?

Asked on September 1, 2014 under Accident Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

What you are really asking about is the mitigation of the crime due to your illness.  Mitigating factors can be taken under advisement by a judge in deciding on which charge applies or in sentencing. I would speak with an attorney and bring in the documentation of your illness.  It can really go either way depending on the testimony in your favor.  Good luck. 


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