Blacked Out and Got Into an Accident

[shadow9468]

My question involves an injury that occurred in the state of: Missouri

Ok so I was left my friends early in the morning, and i left his house drove down his road, Then I Blacked out and got into a really bad car accident involving 2 parked vans.

I dont remember much of anything till I woke up in the hospital like 3 hours later, from what I was told i was out of control saying alot of things that werent true like i was drunk and on drugs and stuff when the officers asked if i was on anything. I was also paranoid aparently. (the hospital did a blood test and found neither drugs or alchohol in my system) So my mom asked the officer at the hospital if i was gonna have any charges for anything. The officer told her at the hospital that there was really nothing he could charge me with exept leaving the scene of an accident. But I was not in my right state of mind so he told her he wouldnt do that. So when i Left the hospital the police were not around to talk to me at all.

2 months later I get A Summons to court for this accident the charges are, Property Damage (as of my knowledge all property damage has been paid by my and other insurance companys). Reckless Driving, and Leaving the Scene of an accident.

So I'm wondering how should I go about getting these charges dismissed? Considering I dont even know what happened

[aardvarc]

If you don't know what happened, then on what basis do you want to argue that the charges should be dismissed?

[cyjeff]

Just because the damaged party has been made financially whole does not inviolate the possibility of criminal action.

Think of it this way. You run a red light and run into another car. Your car insurance pays for the repairs to the other car. Will you still get a ticket for running the red?

Of course you would. No difference here.

Did you leave the scene under your own power or in an ambulance.
Why did you black out? Is this a common occurrence?

[shadow9468]

I left In my own power sort of but not in a controling state of mind, I dont remember much of this accident cause i was constantly blacking in and out after the car crashed and I had no control over my own body I remember police found me down the road, and i wasnt making sense i guess and they called an ambulence and that was only the 2nd time i ever blacked out before

[cyjeff]

I left In my own power sort of but not in a controling state of mind, I dont remember much of this accident cause i was constantly blacking in and out after the car crashed and I had no control over my own body I remember police found me down the road, and i wasnt making sense i guess and they called an ambulence and that was only the 2nd time i ever blacked out before

There is more to this than you are saying.

[That Guy]

How Do I Fight This

A more important question that I would be asking mysef is "should I be doing any driving at all until I find out the cause and remedy for these blackouts"????

This time it was limited to "property" damage... Next time, it might be worse.

By the way, had this "blackout" happened in California, the hospital (the ER attending physician) is required by law to notify the DMV who will in turn suspend your license until you get clearance from a doctor that these blackouts will not happpen again!

I'm even more surprised that your insurance has not cancelled you policy as of yet... Assuming they were told the same story you recited here.

[SMBI]

I left In my own power sort of but not in a controling state of mind, I dont remember much of this accident cause i was constantly blacking in and out after the car crashed and I had no control over my own body I remember police found me down the road, and i wasnt making sense i guess and they called an ambulence and that was only the 2nd time i ever blacked out before

Ummm, ok. Go to court and say this, hopefully they revoke your privilege to drive. You can't be driving if you black out occasionally.

[blewis]

Well, personally, I think you're in a whole poop-load of trouble. Leaving the scene of an accident alone is a Class A misdemeanor, unless there was property damage more than $1,000, in which case it's a Class D felony.

Reckless Driving with an accident is a Class A misdemeanor.

You're looking at jail time. If I were you, I'd find a good lawyer.

Barry