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vehicle/pedestrian accident

Discussion in 'Auto Accidents, Injuries' started by Guest, Aug 19, 2014.

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  1. Guest

    Guest Law Topic Starter Guest

    my husband hit a woman who was drunk and ran right out in front of his car. He was doing the speed limit, not texting and immediately stopped and called 911. She was with 4 other people - all drunk- who did tell police that she was going to run in front of a car and kill herself. At the scene, when the officer bent down to check on her he said to my husband "yeah - I can smell the alcohol on her" All that is listed in the police report. She was injured and spent 4 days in the hospital. My husband allowed the police to take his phone and his car for the investigation and has been found to be 0% at fault. He was not cited at all.
    Today we went to pick up his phone and the officer told us that the phone could not be returned to him "until court". What court???? No one said anything about court! Why would he have to go to court if he was not at fault?? I'm thinking that maybe she is going to try to sue (thankfully we have full coverage insurance) and they might need the phone for the insurance company to prove he wasn't texting or talking on the phone. But no one will tell us anything. When we asked about the court issue, the officer said he couldn't give us any more info. Should my husband get a lawyer? We have never been in any kind of legal situation before and don't know what to do and what is normal police protocol. Can you please advise us what our next step should be. We don't really have any money for a lawyer if we don't really need one. Thank you.
     
  2. army judge

    army judge Super Moderator

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    You should meet with three or four defense attorneys in your county.
    The initial meeting is normally offered free of charge.
    After the meetings, you can deliberate and decide your next steps.
    What you need to do now is arm yourself with knowledge.
    Once you understand what is occurring, you are best able to choose the correct course of action for your family.
    From this point forwards your husband is best served not to answer any more questions from the police without his attorney present to advise and assist him.
    In all likelihood, with such a serious injury (drunk or not), the prosecutor is deciding whether to pursue this further. Good luck.

    Good luck.
     

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