Hit and Run

[Lynn Farris]

Okay, I've had a bad day, but I wondered what you think of this.

Someone hit a car in the parking lot. A neighbor saw the person hit the car and drive off. He got the license number. It was estimated about $500-$1,000 damage was done. The neigbor came over and found the victim and gave her the license number. Pretty easy to find the victim, if you wanted to.

The victim called the police. Gave them the information. The police contacted the hit and run. Told the victim that he didn't think the hit and run meant any harm and it was an innocent mistake - she didn't realize she had done any damage. Then he gave the hit and run the victim's home phone number and told her to contact her personally.

1) Aren't you supposed to stop if you hit someone - especially if you rip a whole piece of their car off. At least try to find the person and put a card on their windshield or something? Get some mutual agreement that no damage was done?

2) Was the police right in letting the person off on a hit and run? Will they really stop next time they hit someone else's car - or plead they didn't think they did any damage again.

3) Was the police right in giving the victim's home phone number out without her permission - particularily after the hit and run knew that the victim had turned them into the police?

The victim was upset about this. What do you think? Is this Standard Operating Procedure now in Lakewood?

[Jeff Endress]

Someone hit a car in the parking lot

And therein probably lies the answer....private lot, not public street. Cops can be kinda funny about parking lot accidents.

But yes you are supposed to stop after a traffic accident.

Jeff

[Lynn Farris]

I think she was just as upset about the police giving the hit and run her home phone number as she is a young woman.

I don't know if that is normal - but I'm not sure if it is safe. I'm not sure what else they should have done - maybe asked for her phone number and given it to the victim.

[Grace O'Malley]

What you described stinks to high heaven.

Makes no difference if its a parking lot or not. If you hit someone and cause any property damage, you are required to report it. There was obviously visible damage to the car so the excuse that they didn't think there was any damage is a joke.

I'd be curious if this person who drove away is someone who is influential. Believe me, if it was you or I, we'd be in big trouble for leaving the scene of an accident.

BTW, I'm VERY surprised they gave the "perp" the victims home phone number. I was hit by a man who was intoxicated, had no insurance, and who did $4000 damage to my vehicle. I asked for a copy of the police report so I could give the correct info to my insurance company and the cop blacked out the man's SSN and phone number. That's why I ask if the person who hit this woman has some sort of pull.

[Jeff Endress]

4549.03. Failure to stop after accident involving property of others.
(A) The driver of any vehicle involved in an accident resulting in damage to real property, or personal property attached to real property, legally upon or adjacent to a public road or highway immediately shall stop and take reasonable steps to locate and notify the owner or person in charge of the property of that fact, of the driver's name and address, and of the registration number of the vehicle the driver is driving and, upon request and if available, shall exhibit the driver's driver's or commercial driver's license

4549.02. Stopping after accident; exchange of identity and vehicle registration.
(A) In case of accident to or collision with persons or property upon any of the public roads or highways, due to the driving or operation thereon of any motor vehicle, the person driving or operating the motor vehicle, having knowledge of the accident or collision, immediately shall stop the driver's or operator's motor vehicle at the scene of the accident or collision and shall remain at the scene of the accident or collision until the driver or operator has given the driver's or operator's name and address and, if the driver or operator is not the owner, the name and address of the owner of that motor vehicle, together with the registered number of that motor vehicle, to any person injured in the accident or collision or to the operator, occupant, owner, or attendant of any motor vehicle damaged in the accident or collision, or to any police officer at the scene of the accident or collision

4549.021. Stopping after accident involving injury to persons or property.
(A) In case of accident or collision resulting in injury or damage to persons or property upon any public or private property other than public roads or highways, due to the driving or operation thereon of any motor vehicle, the person driving or operating the motor vehicle, having knowledge of the accident or collision, shall stop, and, upon request of the person injured or damaged, or any other person, shall give that person the driver's or operator's name and address, and, if the driver or operator is not the owner, the name and address of the owner of that motor vehicle, together with the registered number of that motor vehicle, and, if available, exhibit the driver's or operator's driver's or commercial driver's license.
If the owner or person in charge of the damaged property is not furnished such information, the driver of the motor vehicle involved in the accident or collision, within twenty-four hours after the accident or collision, shall forward to the police department of the city or village in which the accident or collision occurred or if it occurred outside the corporate limits of a city or village to the sheriff of the county in which the accident or collision occurred the same information required to be given to the owner or person in control of the damaged property and give the date, time, and location of the accident or collision.
If the accident or collision is with an unoccupied or unattended motor vehicle, the operator who collides with the motor vehicle shall securely attach the information required to be given in this section, in writing, to a conspicuous place in or on the unoccupied or unattended motor vehicle.

[Grace O'Malley]

Thanks, Jeff.

I think it is clear that the person who left the scene and did not bother to report it until the victim contacted police has failed in their duty.

While they may not have recieved any ticket, they are still legally responsible for the accident.

[Shawn Juris]

I think it would be more accurate to say that she was ethically obligated to notify the owner of the vehicle. The law seems to indicate that it only applies to public streets (includes adjacent but not private property). Should she be held accountable for the damage? Absolutely, will she be held responsible by law or the insurance companies? Possibly not.

As for giving out the phone number of the person who was allegedly guilty of causing the damage; so be it. I think it's better for two citizens to work out an agreement than have the officer tell someone that they can't do anything about it and won't allow them to work it out. We're not talking about vigilante justice here, it's resolving a situation within reason. Slippery slopes aren't the problems, handicapping everyone from doing something reasonable because of what it could lead to are.

[Bryan Schwegler]

Thanks, Jeff.

I think it is clear that the person who left the scene and did not bother to report it until the victim contacted police has failed in their duty.

While they may not have recieved any ticket, they are still legally responsible for the accident.

Working in insurance, I'm really disgusted by how often this actually happens. However the laws to report only apply to public streets and highways, not private property.

With that said, the terms of most insurance contracts do require timely reporting of accidents. So in this case it is from a civil legal standpoint the person is liable, there is no criminal responsibility.

[David Anderson]

Regarding the opinion that the policy won't contact the prosecutor's office because the damage was caused on private property, well, what about the semi-annual news stories we all see of folks losing control of their vehicles and running into a house. These folks are cited for failure to control and are responsible for the damage caused.

I just can't believe the police wouldn't even suggest that the victim contact the prosecutor's office directly. There has to be some recourse.

[Jeff Endress]

Regarding the opinion that the policy won't contact the prosecutor's office because the damage was caused on private property

Isn't a question of where the damage was caused......rather where the vehicle causing the damage was being operated.

Jeff

[Ryan Salo]

I just wonder what the income level of the hit and run person was. I was a witness to a similar event a few months ago. I sharp guy drove up in a brand new Benz and his passenger, a similar looking fellow quickly opened the heavy door and it put a HUGE dent in the car next to it, which was probably worth less than his shoes. The man looked at the damage, shrugged his sholders and walked away into a store. I was amazed! I called the RR police but they said they couldnt help. I tried to wait until either owner came out but had to run to an appointment. I wrote my contact info with the benz info and left it on the older car. I got a call from the RR police the next week and I had to fill out a witness form. I guess it all worked out because I received a few nice calls from the 65 yr old victim. I just wonder what the response would have been if the car that guy hit was another Benz... it is ashame that some people think income = worth. o well...

[Bryan Schwegler]

These folks are cited for failure to control and are responsible for the damage caused.

Failure to Control is based on many things including speed and road conditions. There is no way that a prosecutor could charge someone with failure to control for a parking lot incident unless maybe the guy was driving 70 in a flooded parking lot.

[David Anderson]

This is an interesting discussion and one I don't think we should have to have. What a disgrace that someone would cause damage to another's possessions and just walk (or drive) away.

Regarding the opinion that "it isn't a question of where the damage was caused ... rather where the vehicle causing the damage was being operated." Well, in the case of a car damaging a house I'm assuming the car was being operated, at least for a second or two, in or over a front yard.

I also was not suggesting that a prosecutor could argue that a driver was guilty of failure to control absent any property damage. However, given what's provided, a prosecutor can easily make the damage case and fleeing the scene with an eyewitness giving the key testimony. So, if the driver is guilty of causing damage then he/she must also be found guilty of failure to control. Or maybe the driver meant to cause the damage.

In many seemingly benign situations, prosecution is up to the discretion of the prosecutor.