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failure to stop and render aid

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August 10, 2011, 14:10
Ann Reed
failure to stop and render aid
If a husband and wife are fighting, husband leaves in car, wife follows in another car and has an accident (not involving car husband is in) and husband comes to scene of accident and tells wife "I hope you die", but doesn't help her or report her location to law enforcement, is he "invovled" in the accident?

Or just a really, really bad husband!!
August 10, 2011, 15:52
John A. Stride
I think you may have answered your own question! Husband came upon the accident and was not "involved" until after it had occurred. My quick review of the cases under the statute reveals that to be "involved" it is contemplated that the driver is a participant when/as the accident occurs. Otherwise, all of us who happen upon an accident could be prosecuted for passing on without stopping.
An interesting compilation of cases where the passenger was the one causing injury while the defendant drove is contained in Sheldon v. S., 100 sw3d 497 (3/2003).

[This message was edited by John A. Stride on 08-10-11 at .]
August 10, 2011, 16:22
Andrea W
I think you have Exhibit A in your divorce proceedings, though!
August 11, 2011, 16:25
MDK27
Did his wish come true? I assume not, since we know what he said.

I wonder what Tiger's wife said to him after she bashed him with the 9 iron and he hit the tree. Would she have been charged?

Some people just ought not to marry............