Any local LEO/associated folks willing to give some insight?
- Thread starter in4aride
- Start date
Yep, and a good lawyer will get a PI to do the dirty work, get the audio/video recording, play that back in court, and any gaps in the recording, will make the judge wonder why... which looks real bad for law enforcement. If you fight it, it should end up in your favor. No ticket, and the State makes you whole.. I wouldn't settle for any less.
eflores
NAXJA Forum User
- Location
- Greg's place
sub'd
Already have the lawyer thing in the works. Ins is covering it. Beauty of coaching your agents kid in HS and helping fix his car.
Well despite agents affords ins said no go. If they split the liability they don't owe anything on mine so they could care less about it.
Back to looking up lawyers and rules about claiming lawyer money against the state in a case like this. :fire:
Buckshot62
NAXJA Forum User
- Location
- Gillette Wyoming
I believe I could care less when the next insurance premium is due ! Sometimes they forget that they have a job to do besides collecting premiums. May be time to change insurance companies.
ok so went and got the accident report and my citation today. And all i have to say is WOW!
For a group of people struggling with public image as it pertains to 'internal investigations' and honesty, they are knocking this out of the park :roflamo:
Here is their explanation of what happened.
He is Vehicle 1, I am Vehicle 2.
"V2 was EB HWY50 in icy inclement conditions, fishtailing. V1 made right from adjacent drive, slightly losing rolling friction as it made the turn. V2 hit V1, traveled 462' before both vehicles safely pulled over.
Illistration shows me out of control before the officer is on the road, his 'difficulty accelerating on icy road', and then him pulling over immediately as I traveled into median before pulling over behind him.
His citation is as stated:
Violation - failed to yield ROW proceeding from Stop Sign.
Most apparent contributing factor(opinion) - None
Driver actions contributing (opinion) - None
Pre impact movement: None
For me:
Violation - Exceeded safe speed for conditions
Most apparent contributing factor (opinion) - Aggressive driving
Driver Actions Contributing (opinion) - Exceeded safe speed
Pre impact movement: Spun out of control
As it was explained to me, because he is listed as V1 driver he is the at fault driver. We will see how that plays out with their insurance on monday.
My biggest problems are this. They are estimating my speed at 60mph (thats 10 over!)
Also they are saying i was driving aggressively and spun out prior to hitting him. Uhhhh what? How did i spin out of control at 60 mph and managed to drive straight when hitting the squad car?
Also, what are we basing speeds and damage on? The road was indeed icy, but as is such, there were no skid marks, tire marks, etc.
Officer clearly said he could not see me (i took a pic from where he stopped and snow banks blocked his view of the road, his ability to see me, judge my speed, or see me "spinning out of control". So what PROOF are they going off of to justify the allegation.
Whats also funny, they took 1 pic of my jeep, from front 3/4 above the jeep, and listed all my damage as a 1 (on a 1-3 scale, 1 being minimal, 3 being major) and his vehicle is listed at all 3's - thats true, his car was pretty ****ed.) But are they then going to claim damage wasnt their fault? (i took pics immediately of my jeep showing all damage, even underneath to frame and steering/etc)
Just seems like a fight they cant win. Info gathered by the officer involved in the wreck, with no video or witness accounts of what happened, and no justification for my apparent speed or loss of control. (btw, its wide open road for me, closest traffic was about 2 miles ahead, in town. I was the ONLY person on the road until he pulled out)
For a group of people struggling with public image as it pertains to 'internal investigations' and honesty, they are knocking this out of the park :roflamo:
Here is their explanation of what happened.
He is Vehicle 1, I am Vehicle 2.
"V2 was EB HWY50 in icy inclement conditions, fishtailing. V1 made right from adjacent drive, slightly losing rolling friction as it made the turn. V2 hit V1, traveled 462' before both vehicles safely pulled over.
Illistration shows me out of control before the officer is on the road, his 'difficulty accelerating on icy road', and then him pulling over immediately as I traveled into median before pulling over behind him.
His citation is as stated:
Violation - failed to yield ROW proceeding from Stop Sign.
Most apparent contributing factor(opinion) - None
Driver actions contributing (opinion) - None
Pre impact movement: None
For me:
Violation - Exceeded safe speed for conditions
Most apparent contributing factor (opinion) - Aggressive driving
Driver Actions Contributing (opinion) - Exceeded safe speed
Pre impact movement: Spun out of control
As it was explained to me, because he is listed as V1 driver he is the at fault driver. We will see how that plays out with their insurance on monday.
My biggest problems are this. They are estimating my speed at 60mph (thats 10 over!)
Also they are saying i was driving aggressively and spun out prior to hitting him. Uhhhh what? How did i spin out of control at 60 mph and managed to drive straight when hitting the squad car?
Also, what are we basing speeds and damage on? The road was indeed icy, but as is such, there were no skid marks, tire marks, etc.
Officer clearly said he could not see me (i took a pic from where he stopped and snow banks blocked his view of the road, his ability to see me, judge my speed, or see me "spinning out of control". So what PROOF are they going off of to justify the allegation.
Whats also funny, they took 1 pic of my jeep, from front 3/4 above the jeep, and listed all my damage as a 1 (on a 1-3 scale, 1 being minimal, 3 being major) and his vehicle is listed at all 3's - thats true, his car was pretty ****ed.) But are they then going to claim damage wasnt their fault? (i took pics immediately of my jeep showing all damage, even underneath to frame and steering/etc)
Just seems like a fight they cant win. Info gathered by the officer involved in the wreck, with no video or witness accounts of what happened, and no justification for my apparent speed or loss of control. (btw, its wide open road for me, closest traffic was about 2 miles ahead, in town. I was the ONLY person on the road until he pulled out)
View up the road:
17157452_1733526400006188_8849902680655900762_o by Mike L, on Flickr
Intersection he pulled out from:
17038588_1733526396672855_2162928342173308388_o by Mike L, on Flickr
His view of the road from the stop position, keep in mind im 6'2" and he was seated in a charger......
16825867_1733526406672854_7465935073953125349_o by Mike L, on Flickr
17157452_1733526400006188_8849902680655900762_o by Mike L, on FlickrIntersection he pulled out from:
17038588_1733526396672855_2162928342173308388_o by Mike L, on FlickrHis view of the road from the stop position, keep in mind im 6'2" and he was seated in a charger......
16825867_1733526406672854_7465935073953125349_o by Mike L, on FlickrThe officer who hit you ran a traffic control device and failed to yield ROW this is known ...what they are guessing on is your driving and since there are no skid marks and the investigator is not a witness they will fail in court if you get an honest judge . You will simply ask them for the proof that you were out of control ...lol...they will have none and not be able to prove that , but the officers guilt is documented . I would go in and ask on trial if the officer failed to stop and yield ROTW then ask to have them.show their supporting evidence to back the guess work.on.your driving....lol...when.they give none you simply ask the prosecuting attorney ...So other than the officers actions you have no substantiated evidence to support the claimed fault of ...you...the other motorist., and therefore can only substantiate fault to the officer....thus he is the only one guilt or fault can be proven for .
You just need to get the oficer to hang hinself.by stating his own actions then ask the DA where his hard evidence is ...lol...I have beat state patrol in court when.they tried this , but the key is an impartial Judge .
You just need to get the oficer to hang hinself.by stating his own actions then ask the DA where his hard evidence is ...lol...I have beat state patrol in court when.they tried this , but the key is an impartial Judge .
Sadly it's in gunni. So small town, only a few judges, and all local troopers. Getting impartial judge may be of difficulty.
However the burden isn't on me to prove my innocence. So I'm hoping I'll be walking out ticket free.
I've already got several other pages of documents regarding their non compliance with paperwork, investigation, and resolution. Not to mention their paperwork doesn't match as far as road conditions and weather and information regarding specifics.
However the burden isn't on me to prove my innocence. So I'm hoping I'll be walking out ticket free.
I've already got several other pages of documents regarding their non compliance with paperwork, investigation, and resolution. Not to mention their paperwork doesn't match as far as road conditions and weather and information regarding specifics.
What a circus...had this been you pulling out hitting the officer you would have already been hung .
.
Remember that in these types of situations law enforcement often sees you as guilty & assumes you will be found guilty. Judges can be impressed by supporting documentation. It also can depend on if that trooper is a dick. Some troopers are dicks and judges routinely toss things out as easily as possible. In many cases dick troopers don't show up to court which makes it easier for the judge. Clearly state you were looking straight down the road, aware of your surroundings, and what speed you were going, that you had control of your vehicle. When the officer pulled out in front of you, you thought "what does this effing guy want to do, have an accident?" Remember to wear proper attire to court, which varies on whether or not it is hunting season.
Last edited:
old_man
NAXJA Forum User
- Location
- Loveland, Colorado
Get a lawyer. Ask for change of venue.
So attempted to contact risk management today to initiate a claim. Yeah, unless you are liable, and giving them money (in which case they give you a direct number to offer payments) you get to snail mail paperwork in to be reviewed some point in the next 8 WEEKS! and then after that time frame they will contact you and adjuster if necessary for it. Plus the paperwork is written in a way to hold you to a certain valuation. No wonder everyone hates dealing with the.gov when it comes to being righted.
Call a lawyer, a local news station, and a congressman. You need to grease the cogs in the system. Don't forget to wear camo to court. ;-)
proracedriver616
NAXJA Forum User
- Location
- co
Call the problem solvers and let them deal with it lol
YELLAHEEP
NAXJA Forum User
- Location
- Littleton, Colorado
At this point, with the RIDICULOUS stalling, delays and lack of initiative to wrong a right.... I with these guys. I've seen our Department handle reimbursement to the public when our actions have caused damage and it's a priority, not a bureaucratic process.
That crap about the driving actions/charges on the citations had my blood boiling a bit. How can the driver with the right of way end up with "aggressive" actions charged?
I'm embarrassed for CSP right now.
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