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Ryker77
Posted on Monday, August 29, 2005 - 05:32 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

last week I was blue lighted in my car so I pull over and stop. It was a good thing I was not on my bike I would have been jacked up. I was blue lighted for "laying drag" however by my states code of "laying drag" a FWD car would only be able to break the law if driven in reverse. Plus the law is written so that people can use full power in order to avoid a wreck. I was at a traffic signal that was not working properly. After waiting for a long time and the officer who was behind me not getting out of his patrol car to direct traffic-- I took off and chirped tires. Not on purpose. But my manual trans and turbo diesel engine makes for alot of low end torque.

Anyways. I got through the intersection and continued on the 30mph road. I assuem The officer had to wait for traffic to clear. He then use full v8 power to come upon me and he didn't relise I was doing the speed limit. So he was doing about 60 and I was going 30. When the blue lights came on I just pulled to the side and stopped. I didn't use full braking power. I didn't cause my ABS to work. I didn't skid.

The county is stalling talking with the insurance company and I think they are up to something fishy. But what they don't know is that I know the officer that hit me is not a patrolman he is a paper pusher for the jail. He had to borrow a ticket book. And he has been taken off patrol before.

Can the county decline to fix my car and pay for my medical bills by saying I stopped to quickly???

[IMG]http://i8.photobucket.com/albums/a13/hit_by_a_cop/a079.jpg[/IMG]

[IMG]http://i8.photobucket.com/albums/a13/hit_by_a_cop/a022.jpg[/IMG]

(Message edited by ryker77 on August 29, 2005)

(Message edited by ryker77 on August 29, 2005)

(Message edited by ryker77 on August 29, 2005)
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Aldaytona
Posted on Monday, August 29, 2005 - 05:52 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Get yourself a good attorney NOW. Let them handle the whole thing. A lot of them will take on the county on a percentage basis, the more money you get, the bigger pay day they'll have. You're not dialing the phone yet?
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Wyckedflesh
Posted on Monday, August 29, 2005 - 06:02 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Al has it correct, you NEED an attorney.
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Newfie_buell
Posted on Monday, August 29, 2005 - 07:27 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Remember,

The Vehicle to the Rear ALWAYS has the last opportunity to avoid a collision!!!!

Go get yourself a good lawyer in this case.
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Tom_b
Posted on Monday, August 29, 2005 - 07:29 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

If the guy hit you in the rear end, in most states he is at fault. PERIOD. The migating circumstance are the fact is a cop is involved. Most police units run video cameras and will show who actually did what. GET A LAWYER and he should know this, if not get a better lawyer. Ask your insurance claim adjuster where the in car camera video went to. If they say they weren't running it, they are either lying or that is one hokey police dept.. It is not up to the county to say whether they pay or not it is up to your insurance. they pay then sue the at fault drivers insurance for the costs. Besides what is a yank off paper pusher doing stopping people.
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Ryker77
Posted on Monday, August 29, 2005 - 10:18 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

cop car probably doesn't have video tape. Since its not used for patrol.

if I sue it will be for a few reasons. one of which is why the county cop car's ABS did not work properly. evident by his back left tire locking up for 25+ feet and his right tire didn't. had the car's ABS worked then the officer would have been able to stop much sooner.

I'll give the county two more days and if they are jerking me around I'll go get me a big city lawyer. Plus the accident report should be completed by the state patrol tomorrow.
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Aldaytona
Posted on Monday, August 29, 2005 - 10:36 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

GET A LAWYER, want a fifth opinion, GET A LAWYER. If you persist and handle this on your own, your car won't be the only thing that gets slammed in the rear.
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Burnmyheartdown
Posted on Tuesday, August 30, 2005 - 12:54 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

You should already have a lawyer home boy. You wanna take on the system by yourself? Have fun with that, but I'd rather be safe than sorry.
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Genesisclimber
Posted on Tuesday, August 30, 2005 - 08:17 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Get the lawyer! Don't fight them on their terms! Law enforcement and the insurance companies will try everything legally possible to do you wrong!
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Mikej
Posted on Tuesday, August 30, 2005 - 08:55 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I sat on a jury once where an officer rear ended a car at a stop light. We awarded the driver direct damages to his car. We did not award him for all his massage theraputic treatment. The car to the rear is responsible due to failure to use due care and caution. I won't comment on the "officer".
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Panic
Posted on Tuesday, August 30, 2005 - 10:39 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

While you're thinking about this, the scene has already been swept of tire marks, the diagrams of the acident have been changed, the tires on the cop car have been swapped, the dash cam tape was erased, the radio transcription has been lost, and several other officers who were at Krispy Kreme "saw" you cut him off, along with their wives and neighbors.
Your word against his? No, your word against the Police Dep't.
Never happens? Happened to a friend at work - she was T-boned by a cop blowing through a red light, permanent back injuries, broken leg, car totalled, etc.
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M2nc
Posted on Tuesday, August 30, 2005 - 10:17 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

In my state we have a no fault clause that states that a driver must be at no fault in the accident for full payment. If each driver has some fault in the accident, like both were speeding, then insurance companies will determine the percentage of fault and divide the damages accordingly. In this case if you are found at some fault because you sped out of the intersection then your insurance will have to pay for your damages and the county will have to pay for the Patrol Car. The thing is that you have evidence in the picture that the Patrol car was speeding and failed to maintain safe distance. A good lawyer will resolve this issue quick.

I got pi**ed at a cop near my home town because he ran up at every bit of 90mph behind me on the M2 and a group of sport bikes. We passed him the other way on a four lane divided highway when he turned around and ran right up behind us and got too close to one sport bike that did not see him and stayed in the left lane. The Patrol Car brakes were hit so hard that the nose dived hard to the pavement below and he almost hit the bike. When I called a fellow police officer that was also working that night, she questioned the cop which stated we were going 65mph in 55mph, but I know better. We passed two State Troopers a mile earlier and we were going 5mph under the speed limit.

When we got the real story, you really would of thought he would have known better. The real story was he is a rider. He has a Busa and the first three of five on the sport bikes were ladies. He was just interested in the view and bike number four got in the way.
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Panic
Posted on Tuesday, August 30, 2005 - 10:45 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I'm amazed at what cops do and get away with it.
I had a long drive late one night on Route 80 in Eastern New Jersey, no cars around at all, I'm doing perhaps 60. I see a trooper parked after an entrance come out after me with his lights OFF (no headlights) and pull in behind me.
How can he prevent me from seeing him?
His front bumper was less than 1 foot behind my bumper for several miles - at 55 mph. He was so close than when I touched my brake lights (lights go on before brakes - I adjusted the switch) I lit his grill up in red.
Then he stops me, wants to search the car, asks me my name and address easily 10 times, date of birth 10 times, age 10 times (I was about 40), asked me who made the license, where I got the license, where I bought the license, whose license is this, "this license is no good", "your car is dangerous" (dirty rear window) and in general being a complete anus. Finally after 45 minutes he left - no tickets.
Must have been an emergency at the donut shop.
But of course these cops have a long history - anyone besides me remember the incident where they arrested a guy for driving a VW bus (that's right - that was their profile)? And when he wouldn't go along with the program (planted drugs) they sort of "discussed it" with him in the barracks?
How?
They heated up their uniform collar insignia (NJSP) with lighters in an ashtray, and branded him on the face with it several times.
Yes, they got caught.

(Message edited by panic on August 30, 2005)
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Sportyeric
Posted on Tuesday, August 30, 2005 - 11:00 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

In BC, if you hit the brakes as a light goes to amber, in order to stop for the red, you can be partially liable if you stop so fast that the car behind you can't. (That would actually be my excuse any time I ran a stale yellow, if it came up.) You are in a similar situation. You shouldn't, legally, have stopped so fast that the car behind, police car or not, couldn't react, IMHO. But good luck.
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Ryker77
Posted on Wednesday, August 31, 2005 - 07:45 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I got the accident report from the trooper. It shows I was not at fault. Has the officers as following too close and hitting my stopped car.

1. the officer had no legal reason to stop my car. I didn't not brake my states law.

2. the officer was going to fast to catch up to me.

3. the partrol car was not properly serviced since the ABS didn't work properly.


I didn't stop so fast that the patrol car couldn't react. I was on a 30mph road. I had no clue he was doing double the speed limit. I simply pulled to the side and stopped. Had he been a real patrol man he would have know not to go so fast. Had he been a real patrol man he would have not gotten so thrilled that he was unable to pay attention.
the big IF-- Had I just froze up and did an emergency stop in the middle of the road then maybe.
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Aldaytona
Posted on Wednesday, August 31, 2005 - 09:00 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

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Jeremyh
Posted on Wednesday, August 31, 2005 - 11:25 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

" 3. the patrol car was not properly serviced since the ABS didn't work properly"

what a crock of crap. you know this line is crap, they are just trying to help the cop not look like such an .
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Sportyeric
Posted on Wednesday, August 31, 2005 - 01:44 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Good that its going your way, Ryker. Didn't mean any disrespect. But wanted to clear up the misconception that the car behind is always automatically at fault. Sounds like your officer should be sent back to his desk to stay.
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