single car accident..son hit a pot hole and hydroplaned, then hit a guard rail.. No one else involved..moved the car to private property.. then

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single car accident..son hit a pot hole and hydroplaned, then hit a guard rail.. No one else involved..moved the car to private property.. then

We moved the car to private property, then took my son to the doctor. While gone a cop came by and called 911. The owner of the land called and told them to cancel the tow truck, he refused. we came back and he charged my son with failure to maintain control, leaving the scene and then had the car towed. We plan on taking this before the magistrate. Didn’t know this could happen. He didn’t even ask what happened and the vehicle was on private property. No one even called the cops, he just happened by.

Asked on April 21, 2009 under Accident Law, West Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

This is really a traffic ticket issue, but it seems a bit of over-reaching by the police to us. The leaving the scene of the accident charge is outrageous.

The proper remedy for police excesses or abuse is to get the local governmental officials involved, before or after your son is acquitted of the charges. The leaving the scene is a serious charge, so speaking to a local auto accident lawyer makes a great deal of sense.


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