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by Tondoteottotote on July 3rd, 2005

Tondoteottotote

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Knowing it's a crime to leave the scene of an accident, what if the other driver you hit starts approaching you with a knife or a gun? Are you allowed to flee in self-defense without being charged with leaving the scene of an accident?

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Answers. 4 helpful answers below.

  • by Anonymous on January 3rd, 2006

    Anonymous

    The law of self-preservation will tell you to take care of number one, you. and no, you will not be arrested for leaving the scene of an accident. why? aggravated assault with a deadly weapon is a much more serious crime than leaving the scene of an accident. you have a lawful right to protect yourself in a situation you have described. if running away is your personal protection, then go for it. every situation and each case stands on its own merits. the law is based on intent. your intent was not to be assaulted with a deadly weapon. this outweighs leaving the scene. end

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  • by Answer Guy on July 5th, 2005

    Answer Guy

    The defense of "necessity" would apply and you would not be guilty of leaving the scene of an accident. Essentially, necessity allows you to do an act which is otherwise illegal, but excusable under the circumstances. A defendant would have the burden to prove this defense - they would have to show that the act done (here, leaving the scene) was done to prevent significant and imminent harm, there were no reasonable legal alternatives, the harm caused was not disproportianate to the harm avoided, the act was done in good faith, was objectively reasonable and not a result of their own actions.

    As long as you comply with the requirements following an accident as soon as safely possible (presumably while you report the crazy loon attacking you with a gun or knife), your conduct of fleeing an accident would be excused.

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  • by SgtThor on July 6th, 2009

    SgtThor

    You are always allowed to defend yourself no matter what the situation. Fleeing an accident to run away from attack is ok as long as you report the incident shortly thereafter. If you flee to the police station, then you should not have a problem. But if you wait to report the incident, then you are going to have some explaining to do.

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  • by LubbockLawyer on June 29th, 2010

    LubbockLawyer

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