Evasion of Responsibility Requires Parties to Stop and Render Assistance
by
Joseph C. Maya on May. 01, 2017
Accident & Injury Car Accident Accident & Injury Personal Injury Government Public Interest Law
Summary: Blog post about the evasion of responsibility requirement that makes it mandatory for someone to stay at the scene when they have been involved in a car accident.
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Plaintiffs, a motorcyclist and his wife, sued defendant, the administrator of the estate of decedent driver, alleging negligence, recklessness, loss of consortium, and, in the second count, leaving the scene without helping the motorcyclist. Plaintiffs alleged the driver turned his vehicle in front of the motorcyclist, caused the accident, and caused the motorcyclist's violent injuries. The administrator moved to strike the second count.
Plaintiffs further alleged in the second count that the decedent violated Conn. Gen. Stat. § 14-224, the evasion of responsibility law, which required that he, as a person involved in a motor vehicle accident, had to stop and render such assistance as was be needed, and further provided for imprisonment and monetary fines for his violation of the statute. Plaintiffs alleged in the second count that the decedent's conduct delayed the motorcyclist's receipt of medical attention and thus exacerbated his injuries in several specific respects. The court believed that plaintiffs set forth a cognizable cause of action in the second count. Plaintiffs claimed common law and statutory negligence and that it was reasonably foreseeable that such negligence could cause increased damages. The court noted that other states and commentaries had indicated a driver's duty, where he caused an accident, to stop and render assistance to avoid further harm, and liability for failure to perform that duty.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: Choquette v. Kaschel, 2002 Conn. Super. LEXIS 862 (Conn. Super. Ct. Mar. 13, 2002)