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Criminal Attorney Oklahoma Defense Lawyer Adam R. Banner OKLAHOMA CRIMINAL DEFENSE ATTORNEY AT LAW

Zombie Injured in Hit and Run Accident

31-Oct-2014

One of the undead is lucky to be alive after he was injured in a hit and run accident last weekend. 

Michigan police say Jeffrey Stiles, 45, was dressed as a zombie for a Halloween party last Saturday night, when he decided to shake things up a bit. 

Shortly before 8:30 p.m., Stiles, in full zombie apparel, decided it would be funny to go outside and scare drivers passing by. Stiles stepped into the traffic lane to try to make drivers believe the zombie apocalypse had begun. However, his act was far less funny than he thought it would be when he was struck by an oncoming vehicle. The car which struck Stiles never stopped, and the faux-zombie was transported to a local hospital. Doctors say his injuries are not life threatening.

As of this writing, the driver in the hit-and-run has not been found. It is unclear whether the driver failed to stop at the scene to avoid a DUI, because he or she had an outstanding warrant, or because the driver was fleeing a "walker" at the start of the zombie apocalypse.

All kidding aside, this story has alcohol written all over it, and the consequences could have been much more deadly. Stiles's actions in stepping into the roadway to try to scare motorists was a terrible idea. He could have caused an accident injuring other people, and he could have been killed. 

The driver could have been distracted or texting, could have been under the influence of alcohol or drugs, or could have simply not seen a man wearing a dark costume standing in the roadway until it was too late.

Regardless of the accident victim's actions and regardless of the reason a driver was unable to stop in time to avoid a pedestrian accident, Oklahoma state law requires that a driver stops at the scene of an accident--particularly an injury accident. The state motor vehicle code, in 47 O.S. 10-102 pertains to hit and run accidents involving personal injury:

A. The driver of any vehicle involved in an accident resulting in a nonfatal injury to any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 10-104 of this title. Every such stop shall be made without obstructing traffic more than is necessary. 

B. Any person willfully, maliciously, or feloniously failing to stop to avoid detection or prosecution or to comply with said requirements under such circumstances, shall upon conviction be guilty of a felony punishable by imprisonment for not less than ten (10) days nor more than two (2) years, or by a fine of not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment. 

C. The Commissioner of Public Safety shall revoke the license or permit to drive and any nonresident operating privilege of the person so convicted.

If the accident results in death, the penalties for leaving the scene of the accident are enhanced to a maximum of 10 years in prison.

Common reasons for leaving the scene of an accident include DUI, illegal immigration status, driving without a valid license or driving under suspension, lack of insurance, or outstanding warrants. Regardless of any other legal issues, it is important to stop at the scene of the accident, as any hit-and-run penalties a driver faces will be in addition to those for the offense the driver is trying to conceal by fleeing.



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