What to do if my son hit a man on a bicycle?

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What to do if my son hit a man on a bicycle?

It was 5:30 am and still dark. He stopped but did not see anything and drove off. They arrested him for failure to report an accident. If the person fell in a ditch and he stopped but did not see anyone and drove off, can he be liable for not reporting something he reasonably did not know occurred?

Asked on August 5, 2013 under Accident Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

IF you son did not know he did anything wrong, then he should not face criminal liability. However, the issue is whether that is credible. Hitting a man on a bicycle makes a substantial sound and jolt; any reasonable person should have known they hit something large, a person or large animal, and a reasonable person would have looked around until he saw something.Furthermore, if it was dark, your son should have had his headlights on, which would have let him see what h was running into. The authorities may not believe that you son did not know what he hit, because that is not reasonable.


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