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Car Accidents and Personal Injury Cases in Virginia
Learn About Personal Injury From A Car Accident; Brannon v. The Commonwealth of Virginia
On October 24, 2006 the appellant, Gary Brannon, was driving his pick-up truck. He side-swiped two parked cars and rear-ended B.H.'s car. B.H. was driving about 25 mph and remembered a car striking hers from behind. She "felt the bang, my car accelerating faster than I was going. I went forward. He hit me so hard that he knocked my sunglasses off.
You know, my teeth smacked together." B.H. left her car to talk to the appellant who remained in his car. B.H. did not inform the appellant of her personal injury at the time because, "he didn't give me enough time. He left." B.H. called 911, and while on the phone, she saw the appellant put his car in reverse, and start to drive away. She relayed the plate numbers to the 911 operator on the other line.
Officer Gaylon reported the damage to B.H.'s vehicle as minor. B.H. complained to Officer Gaylon of face and neck pain.
As a result of the collision, B.H. suffered hyper-extended front neck muscles, forcing her to wear a neck collar and to miss a week of work.
In finding the evidence sufficient, the trial court concluded: "[T]he Court will find that a reasonable person would have known that [B.H.] was injured, and if he would have taken the time to find out and do what he was supposed to do, he would have found that out. She reported it immediately."
The appeal is as follows:
"In this very narrow issue we address whether appellant reasonably knew or should have known that B.H. suffered an injury as a result of the accident."
The Official Conclusion according to Brannon v. Commonwealth:
"For the foregoing reasons, we hold the evidence was insufficient to support appellant's felony conviction for leaving the scene of an accident involving personal injury in violation of Code ยง 46.2-894."
Gary Dwight Brannon v. The Commonwealth of Virginia
You can order a free sample chapter of our free consumer guide, The Five Deadly Sins That Can Wreck Your Injury Claim, to learn more about personal injury claims in Virginia by following this link
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