what will happen if a man was hit by your car and died on the scene

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what will happen if a man was hit by your car and died on the scene

A man walked over the road without checking for oncoming vehicles
and was hit by my sons bakkie. The man died on the scene. The
police did take a statement on the scene as well as the forensic
guys. Now my son must go to the police station to give a statement
again. He do not have transport because the bakkie had a breakdown
due to the accident. Must he ask a lawyer to go with him. What
will happen to my son?

Asked on July 4, 2016 under Accident Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If someone dies when hit by a car, it is not a criminal act by the driver unless he was not only at fault in some way, but was being more than ordinarily caressly: e.g. DUI, texting while driving, or something else which goes over the line from simply being a somewhat careless driver to being grossly (greatly) careless, reckless as to the consequences of your actions, or actively doing something wrong (like drinking before driving). You can be sued, of course, if you do anything wrong and hurt or kill another, but will generally not face criminal penalties unless you were greatly at fault. That said, if there is any evidence you are greatly at fault, you could potentially be charged with one or another form of manslaughter or vehicular homicide. Furthermore, anything said to the police could be used in a civil lawsuit against you. With so much at stake, your son is strongly advised to retain and meet with an attorney first, then bring the lawyer with him or otherwise follow the lawyer's advice in responding to the police.


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