You can explain to law enforcment that this was a misunderstanding and that you did wait, but in a safer location than was available on scene.  However, you do not need to visit with law enforcement on your own.  Doing so puts your words at risk of being twisted by an investigator.  You do need counsel.  However, you do not need to hire an attorney for full representation.  You can hire one just to attend the meeting with law enforcement with you.  That way, your rendition of events is clearly and correctly conveyed without being misinterpreted by law enforcement.  Hiring a attorey for one hour will be cheaper than paying for full representation if you are formally charged later.