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I puss out at the state patrol office. Hit and run.

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I puss out at the state patrol office. Hit and run.

Postby Baseballer02 » Wed Feb 15, 2006 12:23 am

55 MPH highway, I generally drive 60-70. I go through a school zone and am now speeding up in the left lane, I'm up to about 65 MPH when a car gets all on my ass. There's traffic to my right so i can't get over, I speed up to 70-75 to get around the traffic. The car backs off and then comes right back up and gets even closer to my bumper, closer than I've ever noticed anyone on my rear bumper before in my life. At this point I'm going 75 in a 55, so I let off the gas and TAP my brakes. Car behind me goes right into me just from this tap, that's how close she was.

I pull over into the turning lane that comes up, and she just flies by. I pull back out and now have to go ~85 MPH to catch back up to the other driver, to which she then cuts across two lanes to go into a gas station parking lot. I follow into the parking lot and stop beside her. Some scummy piece of Jerry Springer white trash gets out, yells "There's hardly any damage. My uncle's a sheriff, you can deal with this your F'ing self," gets back into the car, and then leaves. I had already called the cops at this point. They show up, i give them her tag number and they write an accident report.

Couple hours later the state patrol office calls me and says they got the woman, and I need to come up there so they can look at damage. I get there, they check it out and take me inside. The woman is there and an officer takes us into an office and asks for our stories. I give my side, the officer then states he already has the woman's side but asks her to give it again. The woman comes up with a completely BS story saying that I cut her off and slammed my breaks, and that I had told her she just could go ahead and leave the parking lot without dealing with police. Of course the officer who is supposedly "neutral" acts as if my story is BS and that her's is the truth. The officer tells the woman that she shouldn't leave the scene of an accident, and that he'd have to cite us both if we were to go through with the entire process. My citation would be for improper stopping procedures. My driving record is far from exemplary, so I didn't really feel like havig another insurance hike. The officer says the fault of the accident was basically a wash and that we should just go our seperate ways. Because I'm a puss and was worried about insurance, I agree.

I've not had some more time to think about it, and I now believe the whole thing was a crock. How can I be cited for improper stopping procedures, when I was trying to slow down from a speed that was far in excess of the posted limit? It also irritates the hell out of me that this woman basically just got a slap on the wrist for a freaking HIT AND RUN!! I always thought something like that resulted in a suspended license.

Is it possible to go back to the patrolman and say, "Go ahead and cite me, you have the report. And I also wanna press charges against the woman."? Or am i basically screwed out of this now. Any advice that can be given to this is greatly appreciated.
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Postby Phatferd » Wed Feb 15, 2006 12:28 am

I don't know how they can charge you with a driving infraction if they didn't physically see it. That's BS. It's her word against yours, I don't see how thats enough to give you a ticket.
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Postby knapplc » Wed Feb 15, 2006 12:31 am

Yeah, you'll probably get cited for taking an action that helped cause the accident. I'm not saying that's right or wrong, I'm just saying that's probably what'll happen.

When did this happen?

Also, what's your "happy ending" to this story? What's in it for you to press charges? Was there damage that she needs to pay to have fixed? was there some medical repercussion you suffered? How would filing the report and going through the process help you?
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Postby Baseballer02 » Wed Feb 15, 2006 12:33 am

knapplc wrote:Also, what's your "happy ending" to this story? What's in it for you to press charges? Was there damage that she needs to pay to have fixed? was there some medical repercussion you suffered? How would filing the report and going through the process help you?


No real extensive damage, the rear bumper is just a little scratched up. It's just the fact that I feel like I shouldn't have to pay for the repairs, and I feel the woman should have a little more consequence for a hit and run.
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Postby Big Pimpin » Wed Feb 15, 2006 12:42 am

From what I recall, it almost doesn't matter what the car in front of you does, if you rear-end someone it is YOUR fault. It's basically a "you shouldn't have been so close behind them if you couldn't stop in time" deal. Unless of course there are witnesses who see things that change how things appear.

But I guess this is what it is. I don't know what you can do about it now.
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Postby knapplc » Wed Feb 15, 2006 1:02 am

Baseballer02 wrote:No real extensive damage, the rear bumper is just a little scratched up. It's just the fact that I feel like I shouldn't have to pay for the repairs, and I feel the woman should have a little more consequence for a hit and run.

I hear ya, and I can't say that I disagree with you. The problem you're going to face in getting her to pay is to convince the police that this was her fault. Without the benefit of witnesses, the police really have only your word against hers.

In a he-said/she-said (literally, in this case), it's going to be a no-fault or mutual-fault accident (it is not "automatically" her fault because she rear-ended you).

The bottom line is, unless you have witnesses, there's not much the police, your insurance company or anyone else can do to make her pay for your damages. Even if you had witnesses, the insurance company could contest it (based solely on your version of the story here), and could very likely not pay you a dime.

I wouldn't go through all that hassle, but you're welcome to give it a shot.
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Postby Phatferd » Wed Feb 15, 2006 1:05 am

knapplc wrote:
Baseballer02 wrote:No real extensive damage, the rear bumper is just a little scratched up. It's just the fact that I feel like I shouldn't have to pay for the repairs, and I feel the woman should have a little more consequence for a hit and run.

I hear ya, and I can't say that I disagree with you. The problem you're going to face in getting her to pay is to convince the police that this was her fault. Without the benefit of witnesses, the police really have only your word against hers.

In a he-said/she-said (literally, in this case), it's going to be a no-fault or mutual-fault accident (it is not "automatically" her fault because she rear-ended you).

The bottom line is, unless you have witnesses, there's not much the police, your insurance company or anyone else can do to make her pay for your damages. Even if you had witnesses, the insurance company could contest it (based solely on your version of the story here), and could very likely not pay you a dime.

I wouldn't go through all that hassle, but you're welcome to give it a shot.


Actually BP is right. If someone rear-ends another car they are at fault. The law states that you must be far enough away from the car in front of you to be able to get out of the way if it comes to a sudden stop. Even if he slammed on his brakes, it cannot be his fault. The only way it would be his fault is if he was in reverse.
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Postby knapplc » Wed Feb 15, 2006 1:09 am

Phatferd wrote:

Actually BP is right. If someone rear-ends another car they are at fault. The law states that you must be far enough away from the car in front of you to be able to get out of the way if it comes to a sudden stop. Even if he slammed on his brakes, it cannot be his fault. The only way it would be his fault is if he was in reverse.

Cite that law. I work with cops who tell me different.
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Postby Phatferd » Wed Feb 15, 2006 1:20 am

knapplc wrote:
Phatferd wrote:

Actually BP is right. If someone rear-ends another car they are at fault. The law states that you must be far enough away from the car in front of you to be able to get out of the way if it comes to a sudden stop. Even if he slammed on his brakes, it cannot be his fault. The only way it would be his fault is if he was in reverse.

Cite that law. I work with cops who tell me different.


My uncle is a lieutenant for the LAPD and one thing I have learned is that Cops don't know the law. I wouldn't go to a cop for legal advice. I wouldn't go to me either, but Cops don't know crap.

Just google it, you'll see...
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Postby OhMrScottyTrav06 » Wed Feb 15, 2006 1:50 am

It is always the person behind that is at fault. I know this because I went through Driving School about 2 and a half years ago... and went to traffic school for two days because of my ticket, no more than 3 months ago. The only exception to this rule is if the car in front cuts off the rear car and steps on the brakes.

But according to the story from your point of view, you were speeding... so you were breaking the law...

Basically, you should get in trouble for speeding... but she should get in trouble for speeding, tailgating, and doing a hit and run. I guess if you wanted to screw her over, you could... but is it really worth the hassle?
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