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

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Postby luckygehrig » Thu Feb 16, 2006 12:57 am

My Dad is a police officer and I've talked about exactly this sort of situation with him on several occasions. Basically, you can both get cited. The laws vary state to state and without eye witnesses you're really not going to get anywhere. Here in Nevada, you could get charged with reckless for hitting the brakes in front of her, and she could get charged with tailgating and for the actual accident. Trust me, it's really not worth your time to pursue this thing. Yeah, it sucks, but without witnesses you're screwed. Also, depending on the insurance laws in your state, you could get the car fixed anyways. Nevada is a no-fault state, where your own insurance company has to pay to fix your car even if no one is cited in the accident. The other drivers insurance would also have to pay for their car. I don't think this is the norm in every state however so you probably can't go this route. Sorry to hear about it and good luck with whatever you decide to do.
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Postby AcidRock23 » Thu Feb 16, 2006 1:49 am

In most states, both parties can share in the responsibility for an accident. GENERALLY, the rear ender is @ fault but, w/ a sudden stop, particularly if you'd admitted that to the investigating officer, you could get tagged w/ that as well. While most states have laws on the books re maintaining proper following distance, etc. they also have laws mandating the manner in which you stop and hitting the brakes @ speed may not fly. Most states have comparative negligence of some sort, in some cases recovery can be barred and in some cases it's more of a free for all. Good luck though!!
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Postby Madison » Thu Feb 16, 2006 2:50 am

Why on Earth would the police believe the "scummy piece of Jerry Springer white trash" over you? Strange. :-?

Anyway, as to what to do, I'd forget about it and move on. You said your driving record isn't good, so I wouldn't push this issue in court.

Stinks, but life is full of things like this. :-P

Zito is God wrote:I've hit and ran. Not really major at all in my case. Ok ok, I hit and ran on a parked car though. I had to go to court and pay $75 and that was the end of it. Unless there is injury it is a very minor case.

BTW, people who have never hit a car that bad mouth hit and runners should shut their traps. Until you actually hit a car and feel what its like, you can't say a single word. When hit my car, I had adredaline pumping through my veins so badly that there was no way you could let all of it go and stop to write out a note. Next thing I knew I was going 80 MPH down a side street.

(Note: I'm not defending myself or saying what I did was right. I'm simply stating that most people do not know how it feels.)


I'll bad mouth idiotic, childish, stupid, wimpy hit and runners anytime I want. I had a brand spanking new car get hit by some stupid idiot (back in 2002 and I don't own that car anymore) while it was freaking parked! It was so new I didn't even have my license plates yet! It still had a valid dealer tag on it! Little chicken**** bastard that hit me didn't leave a note or anything. $1,800 worth of damage! Had to replace the entire front driver's panel in a brand spanking new car with less than 200 miles on it!

Adrenaline? That's hogwash. It's called not wanting to get into trouble, and not being man enough to take it. No different than the "temporary insanity" BS defense people try to use for getting mad and killing someone. I hate people like that. If you screw up, step up and face the consequences. I still blame all the idiot parents out there who don't raise their kids with any class or respect for others.
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Yes doctor, there will be blood.....
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Postby Sticky Spice » Thu Feb 16, 2006 9:08 am

Police officers LOVE to not have to do anything. They LOVE to find a way to convince the victim that they have no recourse or that nothing would come of the action. It means less work. It doesn't matter if one person is white trash and the other is an executive, officers DO NOT CARE. It's no slam on officers, if I had to deal with these people all the time like they do I'd be the same way.

In your situation it doesn't matter what the laws are or whose fault it is or even eyewitnesses might not matter. You are screwed.

Any way you can get her address?
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Postby AcidRock23 » Thu Feb 16, 2006 10:00 am

Sticky Spice wrote:Police officers LOVE to not have to do anything. They LOVE to find a way to convince the victim that they have no recourse or that nothing would come of the action. It means less work. It doesn't matter if one person is white trash and the other is an executive, officers DO NOT CARE. It's no slam on officers, if I had to deal with these people all the time like they do I'd be the same way.

In your situation it doesn't matter what the laws are or whose fault it is or even eyewitnesses might not matter. You are screwed.

Any way you can get her address?


Or, the mistake would have been telling the officer that "I let off the gas and TAP my brakes" as there's no reason to have done that and it could, depending on the laws where it happened, mean that the citation could have been proper. I don't think that the officer really can investigate something like that as both parties are likely to stick to their stories. If Baseballer2 TOLD the officer he stopped, then the officer goes 'hmm, what happened, he stopped for no reason' and that's done. OF course, her friends in blue might also make some difference w/ that. You might have some luck w/ a judge though as I think that in a lot of those cases, the 'following distance' might hold up a bit more. Depending on what you told the cop on the report.

No stop, even a tap on the brakes, = no contact. If you had a reason to stop, eg "I saw a ground squirrel and I LOVE ground squirrels" or "the guy in front of me stopped" or whatever, THEN it'd be her fault.
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Postby theclefe » Thu Feb 16, 2006 10:11 am

AcidRock23 wrote:
Sticky Spice wrote:Police officers LOVE to not have to do anything. They LOVE to find a way to convince the victim that they have no recourse or that nothing would come of the action. It means less work. It doesn't matter if one person is white trash and the other is an executive, officers DO NOT CARE. It's no slam on officers, if I had to deal with these people all the time like they do I'd be the same way.

In your situation it doesn't matter what the laws are or whose fault it is or even eyewitnesses might not matter. You are screwed.

Any way you can get her address?


Or, the mistake would have been telling the officer that "I let off the gas and TAP my brakes" as there's no reason to have done that and it could, depending on the laws where it happened, mean that the citation could have been proper. I don't think that the officer really can investigate something like that as both parties are likely to stick to their stories. If Baseballer2 TOLD the officer he stopped, then the officer goes 'hmm, what happened, he stopped for no reason' and that's done. OF course, her friends in blue might also make some difference w/ that. You might have some luck w/ a judge though as I think that in a lot of those cases, the 'following distance' might hold up a bit more. Depending on what you told the cop on the report.

No stop, even a tap on the brakes, = no contact. If you had a reason to stop, eg "I saw a ground squirrel and I LOVE ground squirrels" or "the guy in front of me stopped" or whatever, THEN it'd be her fault.


:-b
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Postby JTWood » Thu Feb 16, 2006 11:14 am

Phatferd wrote: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...

He's right. You'll win this in court, but that probably means needing a lawyer. If you're concerned about insurance for monetary reasons, I imagine a lawyer's fee isn't going to put a smile on your face, either.
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Postby luckygehrig » Fri Feb 17, 2006 1:00 am

JTWood wrote:
Phatferd wrote: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...

He's right. You'll win this in court, but that probably means needing a lawyer. If you're concerned about insurance for monetary reasons, I imagine a lawyer's fee isn't going to put a smile on your face, either.

Yeah. I agree with JT here. Like I said in my earlier post. Unless you have a serious vendetta against this woman, it's probably not worth the time to pursue this.
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Postby Phatferd » Fri Feb 17, 2006 1:15 am

I don't get why everyone thinks by tapping the brake makes him liable or partially liable. He has every legal right to tap the brake, that's why the law states you must be a reasonable distance behind the car in front of you in case of a sudden stop.

He has every right to put on his brakes....
You have no frame of reference, Donny. You're like a child who walks into the middle of a movie...
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Postby duckmonkey » Fri Feb 17, 2006 10:39 am

Like it or not, you WERE breaking the law and could be cited for something. You should never speed up because someone is tailgating you. Just make them be patient and if they get mad, they're the idiot.

However, I was also under the impression that if you hot someone from behind, you're automatically at fault.

I'd find one of those lawyers that only charge you if you win the case and sue her because of her attitude alone. She shouldn't get away with it. You may get a citation for your driving BUT she should be liable for the damages from hitting you.
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