Can you be arrested for running someone over if it wasn't your fault?

raviet31

Yes, you can be arrested, especially if you leave the scene of the accident, the person was in a marked crosswalk.

If you were doing everything by the book, not speeding, not being distracted and someone darted out in front of you and you struck them and they died. You stayed at the scene and rendered aid. You would not be charged with a crime and would not be arrested.

If you were careless, inattentive, drunk, high, distracted, speeding, or left the scene you could be slapped with anywhere between 3 years probation to about 10 years in prison.

Steven K

Any Time there is a fatality you will be taken into custody (not arrested) because there are mandatory drug and alcohol tests that must be administered( if you refuse to take the tests or they suspect you are under the influence you will be arrested ) even if you don't appear to be under the influence it has to be ruled out. then based on the preliminary investigation at the scene a report will go before an officer of the court and they will determine what and if any charges will be levied against you and weather you need to remain in custody or not at that time you will either be released or remanded (Arrested) into custody and a preliminary court date will be set to review your case. It is rare for any fatal accident to not end up in a courtroom. as to how long you will be locked up, unless they want you to remain in custody you would probably be out in a matter of hours. The penalties for this very by state and are severe if you are found to be at fault . Given the the accident you describe I doubt the prosecuter would persue any criminal action against you unless it was mandatory. Civil liability is another matter and your insurance company is not going to like you after this.

Jimmy

Depending on the particulars of the situation as an accident which results in a fatality even if the driver is not immediately at fault. can be taken in for further questions as part of the investigation process also if during the investigation and if it is suspected that there is cause for fault the driver could be charged with involuntary manslaughter. that is why you should invoke your right to legal counsel before questioning.

yulp

scorpio_mamii

It is NOT always the driver's fault

You can't get arrested if you have proof/witnesses that tell the cops the one pedestrian walked in the street. You might get a restriction/warning on your license, but like I said, if it's one of those streets with the cameras or other people around, the cops are also going to question them and see who's fault it is unless they wanna be rotten and randomly choose who they want to arrest

stanleys_2001

Well - If you run over someone it's always your fault.

There may factors which make it UNDERSTANDABLE.

Like if someone darts out between two parked cars.

You're STILL at Fault - because the "deal" is you always operate your vehicle in a manner to avoid an accident.

Perhaps if you were going slower, or if you can't BRAKE, you could have avoided the incident by steering into another lane.

Often times - when it comes to legal issues - it isn't WHAT happened... it's what you can prove - and what was going on at the time.

If you Call the police... stay on the scene - and explain that you tried everything... Like breaking, like steering - if there are SKID MARKS... all that will serve to reduce or eliminate your jail time.

Bean

Yes. It's always the drivers fault. They can be arrested for undue care and attention or dangerous driving. In the case you describe it's more likely to be undue care and attention i.e. not concentrating on what's ahead of them.

Ceezey

Are you sure you have a license??? Cause this is like a general knowledge question you should know in order to obtain your license..
Yes it is an offense to "run" someone over. Yes you can be charged if it is not your fault. Yes you can go to prison for it. The length of time will depends on the hearing, such things like the judge the jury and the prosecutors will affect this outcome.

But seriously... what a dumb question to put on the internet....

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