Any local LEO/associated folks willing to give some insight?
- Thread starter in4aride
- Start date
freerider15
NAXJA Forum User
- Location
- FoCo, Crawlorado
That doesn't sound at ALL like the fox in the hen house 
I really hope you're able to stick it to them, and they don't somehow try to turn this into your fault.
If they did, I'd appeal and make them pay. Want to waste my time? I'll take even more of your money.
I really hope you're able to stick it to them, and they don't somehow try to turn this into your fault.
If they did, I'd appeal and make them pay. Want to waste my time? I'll take even more of your money.
Yeah. Finally got a call back today from the captain. After multiple attempts.
Basically was told a trooper will call and find me Friday afternoon to give me the investigation report and my citation. I asked what citation was for and was told 'well I'm not sure yet, but probably too fast for the conditions. My trooper got hurt ya know, and we lost a vehicle.'
Funny. Their own accident investigation team reviewed the crash, based off info the guy who caused the crash took. I don't think that's going to plan out. My agent is a stud and already has stuff going for an appeal case. He said'uh nope, not happening, this isn't gonna fly'.
So I imagine this will be drug out a bit more.
To add. Apparently the trooper is getting cited as well.....
Basically was told a trooper will call and find me Friday afternoon to give me the investigation report and my citation. I asked what citation was for and was told 'well I'm not sure yet, but probably too fast for the conditions. My trooper got hurt ya know, and we lost a vehicle.'
Funny. Their own accident investigation team reviewed the crash, based off info the guy who caused the crash took. I don't think that's going to plan out. My agent is a stud and already has stuff going for an appeal case. He said'uh nope, not happening, this isn't gonna fly'.
So I imagine this will be drug out a bit more.
To add. Apparently the trooper is getting cited as well.....
old_man
NAXJA Forum User
- Location
- Loveland, Colorado
I can't say this too strongly, you need to get a lawyer.
Get the records they keep from his calls to dispatch for the date and time of the incident . They need to call in when running code and this still does not relieve him of safely entering an intersection and removing all fault , but argument could be made you should have heard and seen his lights and siren , but if no documentation of this there is no argument he can make that you should have had ample warning to avoid him and use your speed as the reason you were unable to slow and avoid ...Was he sober ...lol...I recall the 100 proof State patrol officer down south a few years ago . You drive for a living so him fibbing to stay out of trouble negatively impacts your job perspectives . Boils down to the officer does not want accountability and the state does not want to admit fault due any potential legal liability from duch an admission .
He wasn't on a call. He was just driving to a meeting. No cherries or siren. Simply a disregard for traffic control device (stop sign).
I have photos of the area, my field of view. His field of view. The stop signs. The likes of snow blocking the side street view so him being visible to me wasn't possible until he was on the road.
I have photos of the area, my field of view. His field of view. The stop signs. The likes of snow blocking the side street view so him being visible to me wasn't possible until he was on the road.
- Location
- Curtis Bay, MD
This.
freerider15
NAXJA Forum User
- Location
- FoCo, Crawlorado
Like hell they're going to give me a citation. They could try all they want, no way in hell am I going to sign it.
To issue a citation, isn't the burden of proof on them for...proving...it was your fault.
It's crap like this that makes me want to get a dash cam.
freerider15
NAXJA Forum User
- Location
- FoCo, Crawlorado
True, thought I would read the verbiage on those backwards and forwards before signing, to make sure it in NO way was an admission of guilt.
As well, I would do as you mention, and sign it with notification that it was signed under duress, that this signature does not represent an admission of guilt, etc.
Working in the BioTech business, I put other paperwork to shame :laugh:
In a case like this I'm leaning towards Tom and the others. When they want to meet tell them to send the paperwork to your lawyer, <insert name here>. If nothing else call a lawyer in your area and ask them what they think. They are issuing you a ticket to divide responsibility. In some states there is no-fault, others have partial responsibility, and others only assign responsibility to one party. Colorado is comparative responsibility at 50% which means if it is determined that you are 50/50 at fault, you will get nothing.
Last edited:
trippled
NAXJA Forum User
- Location
- colorado springs, co
Pretty sure it says on a ticket, "signing is not an admission of guilt". Signing basically means you acknowledge the ticket and will pay the fine or appear in court.
Still, that's total BS what they're doing to you. Hope you get it all figured out.
Still, that's total BS what they're doing to you. Hope you get it all figured out.
- Location
- Golden, CO
This is probably what they are going for.
It is worth fighting the ticket, especially since you have a CDL.
xj-grin
NAXJA Member #1096
- Location
- Colorado Springs, Colorado
kick their ass, seabass.
Yeah. That's agents thoughts. He wants to fight it completely and get removed. Etc.
I just want to be done right, not screwed over. Not trying to do the state wrong, ultimately I pay for it anyway.
But not going to roll over and take a dickin because they don't want to fess up.
old_man
NAXJA Forum User
- Location
- Loveland, Colorado
They may try to come after you and get you to pay for the police car. By writing you a ticket they could argue that you were at least 50% culpable and want you to pay for half.
My understanding is that at 50/50 each side deals with their own insurance. If it sways to you being more than 50% responsible that's when partial damages start coming back to you. In this case it would be covered against your liability insurance.
That's why I suggested the lawyer. He's there to protect you from getting jerked around. Financial responsibility laws require folks to be made whole for their loss. I have dealt with some real whiz bang insurance companies.
I was driving a '90 Range Rover through the hills of SE PA on a 2 lane. I was heading South. This guy heading North turns left in front of me into a steak joint. He doesn't even goose it. I mashed the brakes in the Rover which were quite good, 4 wheel disc but I dented his rear quarter panel and with the brush guard/damage enhancer, ended up taking out the hood, fender, one tire/headlight, and bent tie rod, and shifting the body on the rover... When the PA State Trooper came around he separate us and asked each of us in our own words what happened? The first words out of my mouth were "Does this guy want to have a effing accident?" That guy got a ticket, I got nothing. His insurance refused to admit fault for over 2 weeks until I threatened lost earning capacity. That is a magic phrase because there is no legal limit on lost earning capacity. They admitted fault within 2-3 hours after hearing me lawyer up on them. They lied cheated and tried to screw with me every which way they could. I was quoting comparable vehicles from the West Coast since it was a West Coast Rover. They said only local area. Ultimately after filling up the handling agents inbox with invoices since new day after day, they called a guy in WA who my buddy went to meet and check out his rig, asked him the lowest price he'd take, and gave me that plus rental plus plus.. in the end I broke even. It was a horrible experience. The adjuster who came out was calling a scrap yard in front of me trying to talk up the buy back price. Just insane. The worst part was since so many people are used to getting screwed by insurance companies they thought I was the bad guy for breaking even and making the insurance company fulfill their legal responsibility to make me whole for my loss caused by their insured.
When I was driving MB diesels, a deer jumped off the side of the hill & took out the front right corner of my car. The insurance was a bit of a hassle. I was talking to my buddy who owned a highly respected independent Mercedes/BMW repair shop. He told me to tell the adjuster, put that car on the lift of any Mercedes shop in Nashville and they will tell you its perfect. (I was living Nashville, TN at the time). The adjuster heard that, shrugged, and paid me a fair price...
So its all about leveraging your situation. You sound like me, you want what's fair and right. We aren't out there to make a killing, we just want to be made whole for our loss.
Last edited:
Similar threads
