Legal Question in Criminal Law in California

accident

I lent my car to a friend , he was stopped at a light. He was hit from behind by a school bus. minimal damage to car. He left the scene, turns out he has no license, what is he liable for??? is it a hit and run if he was at a stop? legal ramifications????


Asked on 1/06/09, 3:41 pm

2 Answers from Attorneys

George Moschopoulos The Law Office of George Moschopoulos

Re: accident

In the very least, your friend could be charged with leaving the scene of an accident and driving without a license.

www.NotGuiltyInCA.com

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Answered on 1/06/09, 3:50 pm
Brian McGinity McGinity Law Office

Re: accident

Are you asking for the legal "ramifications" for you or for your friend? Your friend is the type of friend referred to in the famous quote "with friends like that you do not need enemies." Your friend needs to worry about leaving the scene of accident and driving without a license. However, since he was rear ended he is not liable for damage unless he then rear ended someone else. In California being struck in the rear end generally is a strict liability accident and the person who rear ended the automobile is at fault. However, since you did not describe how your friend left the scene or when he left the scene you may have someone contacting you to inquire as to if you were the driver who left the scene. Leaving the scene of accident is similar to a hit and run but it is not the same thing so do not confuse the two. I would also suggest if you loan your car to someone that first you make sure they have a driver's license. If your buddy had rear ended another vehicle even if he stayed around, if I am the attorney on the other side I am going to sue your buddy and I am going to sue you. You may want to contact an attorney to inquire with the DA if a police report was made and if the police are looking for the owner of the automobile because they think the owner was the driver. Good luck

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Answered on 1/06/09, 7:33 pm


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