Old 03-30-04, 09:39 PM
  #18  
supcom
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Originally Posted by kwv
So causing an accident or leaving scence is not an criminal act ?
Simply causing an accident is not a criminal act (other than a traffic offense like 'failure to yield'). Leaving the scene of an injury accident is.

To be a crime, as in felony, in my state you would have to be acting in a 'reckless' (manslaughter) or 'criminally negligent' manner. It would be up to a jury, in most cases, to ultimately decide if your actions fit one of these definitions. An example of criminally negligent might be falling asleep at the wheel after embarking on a trip with sleep deprivation. An example of reckless might be racing on a public street. In Texas, manslaughter is a more serious offense than criminally negligent homicide.

Note that just because you are not convicted of a crime in causing an accident does not mean that you get away with no repercussions. You may still be held liable for a substantial monetary award to the victim's family. Remember OJ Simpson? If you are a truck driver, you will probably be an ex-truck driver. And, as you might expect, your auto insurance rate will probably go up a bit!

As for leaving the scene of an accident, as I recall from the news article, the police had impounded a vehicle that the 'think' was inolved in the accident. They probably want to be more certain that they have the right vehicle, and make sure they know who was drving at the time of the accident before they file any charges. Assuming there is n evidence of intent to hit the cyclist, there should be no urgency to file charges since the driver is unlikely to represent an imminent danger to the community.
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