My son was in a fender bender, but left the scene of the accident. He thought the person was driving away because she turned the corner, so ...

Question

My son was in a fender bender, but left the scene of the accident. He thought the person was driving away because she turned the corner, so he drove away. He received a call from a state trooper this evening. He called the state trooper back but he wasn't available. What shoulld his first step be.

Answer

Just about every criminal lawyer will tell you not to speak to the police, because if he left the scene of an accident where someone was injured, he could be charged with leaving the scene of an accident where someone was injured, and that could be a misdemeanor involving significant fines and possible imprisonment.

On the other hand, the Motor Vehicle Code requires a person involved in an accident to give information concerning license, registration and insurance information to the other driver.

Further, if someone is known to be killed or injured or the other vehicle is not driveable, then your son had a duty to immediately notify the police and provide information.

I am not a criminal lawyer, but I suggest that your son contact a criminal lawyer ASAP. Philadelphia is funny in that the trooper may just want to get your son's version of the acident and will then decide whether to give a citation or make a more serious charge. On the other hand, depending how bad the damage and the extent of the woman's injuries, if any, the trooper may not give a citation. Why take a chance.

Finally, I'm assuming that your son rear-ended this woman or was otherwise at fault. That could make a difference. Also, you have an obligation to report the accident to your insurance company, or they may not cover you if your son is sued.

I wish i could be more helpful, but I do think you should speak to a criminal lawyer,