Max was Whacked
12-01-2008, 05:51 PM
#1
Senior Member
Thread Starter
Join Date: Dec 2004
Posts: 1,055
Max was Whacked
The day before Turkey Day an old lady smacked my Max and this is the result:
http://s240.photobucket.com/albums/f...CrashedMax.flv
I'm not sure if you guys will be able to see it but let me know if you can't. I didn't take pics but this is a video of it.
She didn't want to wait in the 2 lanes to turn right at the corner (about 300 ft away) so she jumped into the shoulder of the road and used it as a turning lane and I was turning left into a Convenience Store when she just smacked right into me.
I haven't received the final estimate but my car was undriveable (probably a rod broken) and I got a quick quote at the time (yesterday) damage was already at 3200 beans.
Sorry about the quality, it started getting dark and I took the vid with my phone cam.
Any comments are welcomed.
Oh, I almost forgot-the idiot cop who investigated the accident is trying to blame me but his report drawing of the crash contradicts what he wrote.
Damn shame.
http://s240.photobucket.com/albums/f...CrashedMax.flv
I'm not sure if you guys will be able to see it but let me know if you can't. I didn't take pics but this is a video of it.
She didn't want to wait in the 2 lanes to turn right at the corner (about 300 ft away) so she jumped into the shoulder of the road and used it as a turning lane and I was turning left into a Convenience Store when she just smacked right into me.
I haven't received the final estimate but my car was undriveable (probably a rod broken) and I got a quick quote at the time (yesterday) damage was already at 3200 beans.
Sorry about the quality, it started getting dark and I took the vid with my phone cam.
Any comments are welcomed.
Oh, I almost forgot-the idiot cop who investigated the accident is trying to blame me but his report drawing of the crash contradicts what he wrote.
Damn shame.
12-01-2008, 06:37 PM
#3
Junior Member
Join Date: Aug 2003
Location: Deep in the heart of Texas
Posts: 44
Glad you're okay though...how (or why) was the cop trying to put you at fault?
12-01-2008, 07:55 PM
#6
Senior Member
Thread Starter
Join Date: Dec 2004
Posts: 1,055
Yeah, we're all fine, that's all I really care about, you can always replace material possessions but you cannot replace your loved ones.
The cop wrote up the report to make it look as though it was my fault but the drawing he did of the accident scene clearly indicates the lady driving on the shoulder and not willingly to wait her turn in the lane to get to the light and make a right turn.
I'm not sure why the cop is hatin on me but I suspect that it may be racially motivated.
I hate to play or pull the race card but I have no other reason to believe otherwise, I'm a soldier in the Army and I always conduct myself with respect for the safety of others first.
I never got out of line with him and I continually checked up on the lady and the 3 kids she had with her in the truck, my only concern was everyone's safety.
I have to wait until Wednesday to call the cop (that's when he comes into work again) to discuss the write up he did for this accident and to ask him why he contradicted himself with the drawing and the write up.
Thanks for all of your concerns and for looking out for me on this with your support. I'll let you all know the outcome of everything when it is completed.
The cop wrote up the report to make it look as though it was my fault but the drawing he did of the accident scene clearly indicates the lady driving on the shoulder and not willingly to wait her turn in the lane to get to the light and make a right turn.
I'm not sure why the cop is hatin on me but I suspect that it may be racially motivated.
I hate to play or pull the race card but I have no other reason to believe otherwise, I'm a soldier in the Army and I always conduct myself with respect for the safety of others first.
I never got out of line with him and I continually checked up on the lady and the 3 kids she had with her in the truck, my only concern was everyone's safety.
I have to wait until Wednesday to call the cop (that's when he comes into work again) to discuss the write up he did for this accident and to ask him why he contradicted himself with the drawing and the write up.
Thanks for all of your concerns and for looking out for me on this with your support. I'll let you all know the outcome of everything when it is completed.
12-01-2008, 09:30 PM
#8
Junior Member
Join Date: Sep 2008
Posts: 52
I'm not sure why the cop is hatin on me but I suspect that it may be racially motivated.
I hate to play or pull the race card but I have no other reason to believe otherwise, I'm a soldier in the Army and I always conduct myself with respect for the safety of others first.
I never got out of line with him and I continually checked up on the lady and the 3 kids she had with her in the truck, my only concern was everyone's safety.
I have to wait until Wednesday to call the cop (that's when he comes into work again) to discuss the write up he did for this accident and to ask him why he contradicted himself with the drawing and the write up.
I hate to play or pull the race card but I have no other reason to believe otherwise, I'm a soldier in the Army and I always conduct myself with respect for the safety of others first.
I never got out of line with him and I continually checked up on the lady and the 3 kids she had with her in the truck, my only concern was everyone's safety.
I have to wait until Wednesday to call the cop (that's when he comes into work again) to discuss the write up he did for this accident and to ask him why he contradicted himself with the drawing and the write up.
I understand why you're wanting to call this officer. However, with my understanding of LEOs, this officer is probably going to take offense to your call and see you as (disrespectfully) questioning him. You know when many police officers are questioned/challenged (by people under their rank/authority) they turn into even bigger ****s. I would consider going to someone over him, and asking for some clarification. Perhaps tell him you're confused by what he told you and his diagram. Either way, if it ain't in the report it didn't happen. Good luck to you in your endeavors.
MM1
12-02-2008, 04:50 AM
#10
Senior Member
Thread Starter
Join Date: Dec 2004
Posts: 1,055
I'm sure he's happy to see a young man of color driving a car that he (the officer) may or may not be able to afford, whilst doing the best job he can to forget that his president-elect resembles you. I love it.
I understand why you're wanting to call this officer. However, with my understanding of LEOs, this officer is probably going to take offense to your call and see you as (disrespectfully) questioning him. You know when many police officers are questioned/challenged (by people under their rank/authority) they turn into even bigger ****s. I would consider going to someone over him, and asking for some clarification. Perhaps tell him you're confused by what he told you and his diagram. Either way, if it ain't in the report it didn't happen. Good luck to you in your endeavors.
MM1
I understand why you're wanting to call this officer. However, with my understanding of LEOs, this officer is probably going to take offense to your call and see you as (disrespectfully) questioning him. You know when many police officers are questioned/challenged (by people under their rank/authority) they turn into even bigger ****s. I would consider going to someone over him, and asking for some clarification. Perhaps tell him you're confused by what he told you and his diagram. Either way, if it ain't in the report it didn't happen. Good luck to you in your endeavors.
MM1
Thanks guys for the advice and support, Wednesday night I will post here again to let you know what he said. I talked to my Claims Investigator at USAA (my insurance agency) and I went over the details of the report with him and he was appalled the way the report contradicts what is pictured.
My Agent said that he isn't sure why the cop contradicts himself because the drawing clearly indicates that she was at fault, I looked up the info regarding driving on a shoulder and she had no right to be there in this case.
The officer stated that I entered into the lane "unsafely" (not sure how you can first call a "Shoulder" a lane no more than I'm sure of how to safely enter into it.
I was hit upon near entry into a gas station which is why if you notice in the video the front part of my car isn't damaged only the passenger door, this clearly indicates that I was struck on the side by someone close to that entry point which is where the shoulder is right before the driveway into the gas station.
I guess I will go over to the station with a lawyer and ask to speak to an actual Accident Investigator, the cop who did the investigation wasn't an Accident Investigator and he told me "I pretty much know who's at fault here" and he left the scene before a Tow Truck came to get me and indicated on his report that I didn't need a Tow Truck which is another contradiction in his report.
Sorry this is so long but you won't believe how hostile he seemed in his voice and mannerisms towards me but I just kept being respectful and polite to him and the lady/her grandkids/daughter the entire time.
It really hurts me that people like this exist in the position of authority and use it to execute their prejudices.
I'll get back to you all later.
Peace
12-02-2008, 05:28 AM
#11
Senior Member
Join Date: Apr 2008
Location: Surrey, B.C
Posts: 1,355
dyam...hate it wen this happens...glad everyone is ok....don let ur rights go easy tho..
12-02-2008, 05:29 AM
#12
Member
Join Date: Jan 2005
Posts: 271
It's a shame these things happen.
Can you provide us a street number for the convenience store? We can then Googlemap it and follow along with you.
Can you provide us a street number for the convenience store? We can then Googlemap it and follow along with you.
12-02-2008, 06:34 AM
#13
Member
Join Date: Nov 2005
Location: Brick, NJ
Posts: 60
bk2k3max, I feel for you. Because this should never happen. However, I would appreciate if people don't paint all cops with a broad stroke of the brush as "****s". As in all professions, there are some that are ****s or whatever you want to call them. There are also racists, unfortunately, that is just the facts.
I can tell you I am a cop, have been for 19 years. I have never had one complaint filed against me for disrespecting anyone. I truly treat everyone fairly. I approach everyone with respect. It is always easier to work with people when everyone is calm and respectful of each other.
As someone else above said, if it isn't on the report it did not happen. Good luck with it all. Glad to hear your OK, sucks that your Max to a hit.
I can tell you I am a cop, have been for 19 years. I have never had one complaint filed against me for disrespecting anyone. I truly treat everyone fairly. I approach everyone with respect. It is always easier to work with people when everyone is calm and respectful of each other.
As someone else above said, if it isn't on the report it did not happen. Good luck with it all. Glad to hear your OK, sucks that your Max to a hit.
12-02-2008, 07:17 AM
#14
Senior Member
Thread Starter
Join Date: Dec 2004
Posts: 1,055
bk2k3max, I feel for you. Because this should never happen. However, I would appreciate if people don't paint all cops with a broad stroke of the brush as "****s". As in all professions, there are some that are ****s or whatever you want to call them. There are also racists, unfortunately, that is just the facts.
I can tell you I am a cop, have been for 19 years. I have never had one complaint filed against me for disrespecting anyone. I truly treat everyone fairly. I approach everyone with respect. It is always easier to work with people when everyone is calm and respectful of each other.
As someone else above said, if it isn't on the report it did not happen. Good luck with it all. Glad to hear your OK, sucks that your Max to a hit.
I can tell you I am a cop, have been for 19 years. I have never had one complaint filed against me for disrespecting anyone. I truly treat everyone fairly. I approach everyone with respect. It is always easier to work with people when everyone is calm and respectful of each other.
As someone else above said, if it isn't on the report it did not happen. Good luck with it all. Glad to hear your OK, sucks that your Max to a hit.
I thank you all guys for the support you've shown me, I luv this forum because it appears that all here are very mature and understanding.
To my boy Erock1500, I do not hold this against all cops, in fact I too support the Police Department and donate regularly funds to support their efforts.
I have no problem with good cops who do their job and do not allow their badge/authority go to their head or allow their personal prejudices to get in the way of their professional judgement.
I do not have the Accident Report/Peace Officer's Report in front of me so I can't give the address at this time. Like I said, I will provide more details after Wednesday's meeting with the Peace Officer who documented the accident.
I'm just grateful to God that all of us involved in the accident were totally fine, no one needed an ambulance, the lady's truck (Ford F-150) had to be towed away (damn, that Max sure is a tough S.O.B.).
When the accident happened it scared the old lady so badly that she puked all over herself and I can't blame her, she had her grandkids and daughter in the truck with her.
I just kept reassuring the little girl who was crying that everything was alright, I felt so bad for their entire family.
12-02-2008, 09:34 PM
#18
Member
Join Date: Aug 2008
Location: montreal
Posts: 43
i think you have a dent on your door. 
very unfortunate.
hope ur car gets fixed asap with minimal hassle.
btw, what (if anything) did the old woman say?
"sorry sonny, i thought i could pass through your car"??
very unfortunate.
hope ur car gets fixed asap with minimal hassle.
btw, what (if anything) did the old woman say?
"sorry sonny, i thought i could pass through your car"??
12-03-2008, 08:09 PM
#19
Senior Member
Thread Starter
Join Date: Dec 2004
Posts: 1,055
Update:
Today I called to the Police Dept to ensure the Officer was there but he was not on duty as they said he would be, so I will not get a chance to talk to him until Friday.
I was notified by my insurance company that one of the persons in the truck that hit me is claiming that received injuries as a result of the accident. At the accident scene I asked everyone involved several times on several different occassions if they needed an ambulance or if they were injured, everyone stated that they were fine and did not need medical assistance (even in my family).
I find it odd that after 3 days past that now all of a sudden someone claims that they were injured but I smell a Lawyer who is behind all of this.
I will give you more details on Friday night.
Today I called to the Police Dept to ensure the Officer was there but he was not on duty as they said he would be, so I will not get a chance to talk to him until Friday.
I was notified by my insurance company that one of the persons in the truck that hit me is claiming that received injuries as a result of the accident. At the accident scene I asked everyone involved several times on several different occassions if they needed an ambulance or if they were injured, everyone stated that they were fine and did not need medical assistance (even in my family).
I find it odd that after 3 days past that now all of a sudden someone claims that they were injured but I smell a Lawyer who is behind all of this.
I will give you more details on Friday night.
12-04-2008, 10:49 PM
#22
Sorry to see your baby in such dissary.......but at least you are ok and I hope all the BS floats to the top and you are able to find the truth and get your car FIXED or replaced!!!!!
12-06-2008, 01:36 PM
#23
Member
Join Date: Mar 2008
Location: Boston, MA
Posts: 73
Hope everything works out for ya 
Seem like a good guy and don't deserve any of this. Kinda sad people fake injury just to make a quick buck :/
Seem like a good guy and don't deserve any of this. Kinda sad people fake injury just to make a quick buck :/
12-06-2008, 01:50 PM
#24
I hope you explained everything to your insurance. I would have went to the station asap even without the officer to file a complaint/your side.
Your insurance might not defend you and just settle then drop you. But if you ahve a lawyer, I hope they are doing what's best for you.
My only minor bumper accident (no damage to my car, person behind me left before police arrived) was even deemed no one at fault by police. People in front of me filed against me and the insurance of the vehicle i was driving was all for their side. Luckily 1 witness at the scene helped the police see the truth. I had to make my insurance look up the police record.
I would have even requested another officer to review the scene if I felt I was being falsely accused.
Your insurance might not defend you and just settle then drop you. But if you ahve a lawyer, I hope they are doing what's best for you.
My only minor bumper accident (no damage to my car, person behind me left before police arrived) was even deemed no one at fault by police. People in front of me filed against me and the insurance of the vehicle i was driving was all for their side. Luckily 1 witness at the scene helped the police see the truth. I had to make my insurance look up the police record.
I would have even requested another officer to review the scene if I felt I was being falsely accused.
12-06-2008, 03:40 PM
#25
Member
Join Date: May 2008
Posts: 172
Glad that everyone's ok! I totally feel for you bro....I started the thread,"I was rear-ended tonight!" so I feel your pain. I commend you on posting the vid so quick. I was too depressed to upload them from my camera. From what I understand, USAA is a good company so you should be taken well care of. It will take a while to get it repaired, but atleast being a new vehicle, you'll get new parts! Mine has been in the shop since 11/10 and I hope to have it back on monday.
Good luck and all the best!!
Good luck and all the best!!
12-06-2008, 10:19 PM
#27
Senior Member
Thread Starter
Join Date: Dec 2004
Posts: 1,055
Update:
Well really there is no update at this time because I called the officer several times and it is clear that he is avoiding me. I'm going to the station on Monday to catch him along with his supervisor to speak with them face to face.
My insurance company is the best in the world and they have backed and supported me hands down, they even refused to pay the bogus injury claim that the lady filed.
USAA says that they believe the report is bogus and they are giving me time to see if we can get a different report/re-written report but the way the officer has been avoiding me it is apparent that he does not intend to change the report to favor me.
If USAA does not get a report that differs of course they have to go with what they have even though they disagree with it.
At this point I'm tired of this mess and after Monday if it doesn't get changed then I will just ask USAA to go ahead and file the report and then I will start a personal lawsuit against the officer/police department for discrimination.
I'm trying to be patient and as respectful as possible to all involved especially to the peace officer but I believe his ego will not allow him to have a civilian tell him how to do his business.
USAA's investigation draws the same conclusion that mine does and they see no way that I can be faulted for this accident.
More to follow after Monday.......
Well really there is no update at this time because I called the officer several times and it is clear that he is avoiding me. I'm going to the station on Monday to catch him along with his supervisor to speak with them face to face.
My insurance company is the best in the world and they have backed and supported me hands down, they even refused to pay the bogus injury claim that the lady filed.
USAA says that they believe the report is bogus and they are giving me time to see if we can get a different report/re-written report but the way the officer has been avoiding me it is apparent that he does not intend to change the report to favor me.
If USAA does not get a report that differs of course they have to go with what they have even though they disagree with it.
At this point I'm tired of this mess and after Monday if it doesn't get changed then I will just ask USAA to go ahead and file the report and then I will start a personal lawsuit against the officer/police department for discrimination.
I'm trying to be patient and as respectful as possible to all involved especially to the peace officer but I believe his ego will not allow him to have a civilian tell him how to do his business.
USAA's investigation draws the same conclusion that mine does and they see no way that I can be faulted for this accident.
More to follow after Monday.......
12-07-2008, 09:18 AM
#28
Member
Join Date: May 2008
Posts: 172
Update:
Well really there is no update at this time because I called the officer several times and it is clear that he is avoiding me. I'm going to the station on Monday to catch him along with his supervisor to speak with them face to face.
My insurance company is the best in the world and they have backed and supported me hands down, they even refused to pay the bogus injury claim that the lady filed.
USAA says that they believe the report is bogus and they are giving me time to see if we can get a different report/re-written report but the way the officer has been avoiding me it is apparent that he does not intend to change the report to favor me.
If USAA does not get a report that differs of course they have to go with what they have even though they disagree with it.
At this point I'm tired of this mess and after Monday if it doesn't get changed then I will just ask USAA to go ahead and file the report and then I will start a personal lawsuit against the officer/police department for discrimination.
I'm trying to be patient and as respectful as possible to all involved especially to the peace officer but I believe his ego will not allow him to have a civilian tell him how to do his business.
USAA's investigation draws the same conclusion that mine does and they see no way that I can be faulted for this accident.
More to follow after Monday.......
Well really there is no update at this time because I called the officer several times and it is clear that he is avoiding me. I'm going to the station on Monday to catch him along with his supervisor to speak with them face to face.
My insurance company is the best in the world and they have backed and supported me hands down, they even refused to pay the bogus injury claim that the lady filed.
USAA says that they believe the report is bogus and they are giving me time to see if we can get a different report/re-written report but the way the officer has been avoiding me it is apparent that he does not intend to change the report to favor me.
If USAA does not get a report that differs of course they have to go with what they have even though they disagree with it.
At this point I'm tired of this mess and after Monday if it doesn't get changed then I will just ask USAA to go ahead and file the report and then I will start a personal lawsuit against the officer/police department for discrimination.
I'm trying to be patient and as respectful as possible to all involved especially to the peace officer but I believe his ego will not allow him to have a civilian tell him how to do his business.
USAA's investigation draws the same conclusion that mine does and they see no way that I can be faulted for this accident.
More to follow after Monday.......
12-08-2008, 12:46 PM
#30
Senior Member
Thread Starter
Join Date: Dec 2004
Posts: 1,055
UPDATE:
Well, today I spoke with the officer regarding trying to get the report changed to favor me but he claimed that it was his superiors who told him to write up the report that way and that he fought for me because he believed that I was not at fault.
I'm not so sure I believe him regarding anything he stated, he talked with me and my wife for 15 minutes and then I asked to speak with his superiors but he said that he would go and talk to them, he came back 15 minutes later and said that they told him not to change it.
Now, I don't know if he went into the back and actually spoke withe someone, so I cannot raise the BS flag but I find it awfully strange that his superiors couldn't take 10 minutes to meet with me face to face if they were there in the facility.
I told my insurance company about the entire incident and they told me that they contacted their litigation team and they investigated the accident scene and they do not find me to be at fault.
The refused to pay the injury claim that was filed by the plantiff and they have already paid for my car to be repaired (hopefully I'll have no later than Saturday). USAA already said they are prepared to go to court to fight for me and to recoup any expenses incurred on my behalf (at this time it is only the $500. deductible and the rental fees).
USAA told me that they believe that the officer never talked/spoked to anyone regarding changing the report so they are willing to go to court with their own lawsuit because they had a case exactly the same as mine that happened in Fort Worth and their client (USAA's) won the case.
Basically the officer told me that the plantiff was allowed to drive in the shoulder as long as she put her turn signal on indicating that she was intent on making a turn. My argument was that she entered the Shoulder Lane far too early over 300 ft away which is exactly what she told the officer and she struck my car on the passenger's door about 225 ft from the turn.
The accident occurred at the corner of McColl Road and Trenton Road in Edinburgh, Texas in front of the Stripes Gas/Convenience store, I was coming from across the street at the Wells Fargo Bank on Trenton entering into the private driveway farthest from the corner of McColl Rd.
I know that we will win this case with God's help, I'm not worried about the bogus injury claims nor the deductible/rental fees, I just want the cop who don't want to change the report to know that he lost regardless of how he tried to blame me.
Thanks for all your support.
Peace
(Please support your Military Servicemembers from all Branches-Army, Navy, Air Force, Marines and Coast Guard).
God bless you all
Well, today I spoke with the officer regarding trying to get the report changed to favor me but he claimed that it was his superiors who told him to write up the report that way and that he fought for me because he believed that I was not at fault.
I'm not so sure I believe him regarding anything he stated, he talked with me and my wife for 15 minutes and then I asked to speak with his superiors but he said that he would go and talk to them, he came back 15 minutes later and said that they told him not to change it.
Now, I don't know if he went into the back and actually spoke withe someone, so I cannot raise the BS flag but I find it awfully strange that his superiors couldn't take 10 minutes to meet with me face to face if they were there in the facility.
I told my insurance company about the entire incident and they told me that they contacted their litigation team and they investigated the accident scene and they do not find me to be at fault.
The refused to pay the injury claim that was filed by the plantiff and they have already paid for my car to be repaired (hopefully I'll have no later than Saturday). USAA already said they are prepared to go to court to fight for me and to recoup any expenses incurred on my behalf (at this time it is only the $500. deductible and the rental fees).
USAA told me that they believe that the officer never talked/spoked to anyone regarding changing the report so they are willing to go to court with their own lawsuit because they had a case exactly the same as mine that happened in Fort Worth and their client (USAA's) won the case.
Basically the officer told me that the plantiff was allowed to drive in the shoulder as long as she put her turn signal on indicating that she was intent on making a turn. My argument was that she entered the Shoulder Lane far too early over 300 ft away which is exactly what she told the officer and she struck my car on the passenger's door about 225 ft from the turn.
The accident occurred at the corner of McColl Road and Trenton Road in Edinburgh, Texas in front of the Stripes Gas/Convenience store, I was coming from across the street at the Wells Fargo Bank on Trenton entering into the private driveway farthest from the corner of McColl Rd.
I know that we will win this case with God's help, I'm not worried about the bogus injury claims nor the deductible/rental fees, I just want the cop who don't want to change the report to know that he lost regardless of how he tried to blame me.
Thanks for all your support.
Peace
(Please support your Military Servicemembers from all Branches-Army, Navy, Air Force, Marines and Coast Guard).
God bless you all
12-08-2008, 01:35 PM
#31
Member
Join Date: Jan 2005
Posts: 271
UPDATE:
Well, today I spoke with the officer regarding trying to get the report changed to favor me but he claimed that it was his superiors who told him to write up the report that way and that he fought for me because he believed that I was not at fault.
I'm not so sure I believe him regarding anything he stated, he talked with me and my wife for 15 minutes and then I asked to speak with his superiors but he said that he would go and talk to them, he came back 15 minutes later and said that they told him not to change it.
Now, I don't know if he went into the back and actually spoke withe someone, so I cannot raise the BS flag but I find it awfully strange that his superiors couldn't take 10 minutes to meet with me face to face if they were there in the facility.
I told my insurance company about the entire incident and they told me that they contacted their litigation team and they investigated the accident scene and they do not find me to be at fault.
The refused to pay the injury claim that was filed by the plantiff and they have already paid for my car to be repaired (hopefully I'll have no later than Saturday). USAA already said they are prepared to go to court to fight for me and to recoup any expenses incurred on my behalf (at this time it is only the $500. deductible and the rental fees).
USAA told me that they believe that the officer never talked/spoked to anyone regarding changing the report so they are willing to go to court with their own lawsuit because they had a case exactly the same as mine that happened in Fort Worth and their client (USAA's) won the case.
Basically the officer told me that the plantiff was allowed to drive in the shoulder as long as she put her turn signal on indicating that she was intent on making a turn. My argument was that she entered the Shoulder Lane far too early over 300 ft away which is exactly what she told the officer and she struck my car on the passenger's door about 225 ft from the turn.
The accident occurred at the corner of McColl Road and Trenton Road in Edinburgh, Texas in front of the Stripes Gas/Convenience store, I was coming from across the street at the Wells Fargo Bank on Trenton entering into the private driveway farthest from the corner of McColl Rd.
I know that we will win this case with God's help, I'm not worried about the bogus injury claims nor the deductible/rental fees, I just want the cop who don't want to change the report to know that he lost regardless of how he tried to blame me.
Thanks for all your support.
Peace
(Please support your Military Servicemembers from all Branches-Army, Navy, Air Force, Marines and Coast Guard).
God bless you all
Well, today I spoke with the officer regarding trying to get the report changed to favor me but he claimed that it was his superiors who told him to write up the report that way and that he fought for me because he believed that I was not at fault.
I'm not so sure I believe him regarding anything he stated, he talked with me and my wife for 15 minutes and then I asked to speak with his superiors but he said that he would go and talk to them, he came back 15 minutes later and said that they told him not to change it.
Now, I don't know if he went into the back and actually spoke withe someone, so I cannot raise the BS flag but I find it awfully strange that his superiors couldn't take 10 minutes to meet with me face to face if they were there in the facility.
I told my insurance company about the entire incident and they told me that they contacted their litigation team and they investigated the accident scene and they do not find me to be at fault.
The refused to pay the injury claim that was filed by the plantiff and they have already paid for my car to be repaired (hopefully I'll have no later than Saturday). USAA already said they are prepared to go to court to fight for me and to recoup any expenses incurred on my behalf (at this time it is only the $500. deductible and the rental fees).
USAA told me that they believe that the officer never talked/spoked to anyone regarding changing the report so they are willing to go to court with their own lawsuit because they had a case exactly the same as mine that happened in Fort Worth and their client (USAA's) won the case.
Basically the officer told me that the plantiff was allowed to drive in the shoulder as long as she put her turn signal on indicating that she was intent on making a turn. My argument was that she entered the Shoulder Lane far too early over 300 ft away which is exactly what she told the officer and she struck my car on the passenger's door about 225 ft from the turn.
The accident occurred at the corner of McColl Road and Trenton Road in Edinburgh, Texas in front of the Stripes Gas/Convenience store, I was coming from across the street at the Wells Fargo Bank on Trenton entering into the private driveway farthest from the corner of McColl Rd.
I know that we will win this case with God's help, I'm not worried about the bogus injury claims nor the deductible/rental fees, I just want the cop who don't want to change the report to know that he lost regardless of how he tried to blame me.
Thanks for all your support.
Peace
(Please support your Military Servicemembers from all Branches-Army, Navy, Air Force, Marines and Coast Guard).
God bless you all
12-08-2008, 06:17 PM
#32
Supporting Maxima.org Member
iTrader: (4)
Join Date: Apr 2002
Location: New Orleans, LA
Posts: 1,101
For you to have been whacked on the RHS, it appears that you crossed Trenton to go into the convenience store. The truck came from your right, in the shoulder lane, did not see you soon enough and collided. It would seem that you worked your way through standing traffic on Trenton that was not in the shoulder land. Otherwise, you should have seen her and vice versa. In other words, you "popped" into her view all of a sudden.
12-08-2008, 06:48 PM
#33
Member
Join Date: Jan 2005
Posts: 271
What it looks like is a road with two defined travel lanes. A vehicle can "make" a third lane inside the right lane. This vehicle travels along this informal lane, (the "shoulder") for the purpose of making a right turn.
The OP's complaint is that the truck entered the shoulder well (300 ft) before the corner. At this distance, he believed that nobody was in the shoulder. Consequently, he was whacked.
I have to believe that there is a clear well-defined law that covers this case. That there is no dispute concerning the accident scene drawing, the answer will be forthcoming soon.
12-09-2008, 05:37 PM
#34
Senior Member
Thread Starter
Join Date: Dec 2004
Posts: 1,055
I am not missing the point. Where is it written that she should not be driving on the shoulder? The aforementioned "shoulder" looks like a turning lane.
What it looks like is a road with two defined travel lanes. A vehicle can "make" a third lane inside the right lane. This vehicle travels along this informal lane, (the "shoulder") for the purpose of making a right turn.
The OP's complaint is that the truck entered the shoulder well (300 ft) before the corner. At this distance, he believed that nobody was in the shoulder. Consequently, he was whacked.
I have to believe that there is a clear well-defined law that covers this case. That there is no dispute concerning the accident scene drawing, the answer will be forthcoming soon.
What it looks like is a road with two defined travel lanes. A vehicle can "make" a third lane inside the right lane. This vehicle travels along this informal lane, (the "shoulder") for the purpose of making a right turn.
The OP's complaint is that the truck entered the shoulder well (300 ft) before the corner. At this distance, he believed that nobody was in the shoulder. Consequently, he was whacked.
I have to believe that there is a clear well-defined law that covers this case. That there is no dispute concerning the accident scene drawing, the answer will be forthcoming soon.
Here's what it says to summon it up-You must use your turn signal 100 ft from the point you intend to turn at. (Summarized but it has more specifics too long to list here).
She entered the shoulder with the intent to avoid the long line of traffic waiting at the intersection for the light to change, there were 2 actual lanes to travel in that are for normal traffic, I was in the median/center lane turning left, she entered the shoulder more than 300ft so that she could drive to the corner and turn right (that lane IS NOT A LANE FOR TURNING).
A Shoulder is really only supposed to be used for emergency purposes to merge in and out of when flowing into the normal traffic or to execute a turn while DECELARATING <<she wasn't and the front part of my car (which has no damage) was already upon the Private Driveway(PD) that is why only the Passenger front door was struck.
This means that she had plenty of time to slow down and that she should've yeilded to me when I was already on the PD entrance, furthermore she told me and the officer that her intent was to turn onto McColl Road not to enter into the Stripes station (her speed had to be more than 25 miles an hour estimated by the damage incurred to both vehicles>both were towed) Her's is an F-150 Truck.
The bottom line is that there is no way that the law can allow for anyone to drive in the shoulder for however long they want to decide when they are going to turn, the way it is interpreted is a matter of judgement.
Looking at that area my judgement would've been to wait until I passed the final PD before the turn onto McColl (best for safety of all concerned) but she couldn't wait for the traffic for whatever reason and decided she'd just drive in the shoulder never using her turn signal, never slowing down and intent on turning on McColl.
Fortunate enough for me that USAA (my insurance co) has enough common sense to understand that a person shouldn't be allowed to drive from Edinburgh to San Antonio as long as they intend to use their turn signal 100ft from the turn and they are crediting her at fault-not me.
Thanks for reading and following the story, the matter is now in the hands of the Lawyers from USAA and the claimants insurance company, the Edinburgh PD Lawyers to handle at their own discretion.
I'm confident that the judge will see this case in my favor, USAA has already won a case exactly like this one in a different area.
God bless (I'm getting my car back by no later than Saturday) WOOO HOOO!!!
12-09-2008, 06:03 PM
#35
Member
Join Date: Jan 2005
Posts: 271
Not totally missing the point, the law says that she can drive in the shoulder but it doesn't actually specify an exact distance:
Here's what it says to summon it up-You must use your turn signal 100 ft from the point you intend to turn at. (Summarized but it has more specifics too long to list here).
She entered the shoulder with the intent to avoid the long line of traffic waiting at the intersection for the light to change, there were 2 actual lanes to travel in that are for normal traffic, I was in the median/center lane turning left, she entered the shoulder more than 300ft so that she could drive to the corner and turn right (that lane IS NOT A LANE FOR TURNING).
A Shoulder is really only supposed to be used for emergency purposes to merge in and out of when flowing into the normal traffic or to execute a turn while DECELARATING <<she wasn't and the front part of my car (which has no damage) was already upon the Private Driveway(PD) that is why only the Passenger front door was struck.
This means that she had plenty of time to slow down and that she should've yeilded to me when I was already on the PD entrance, furthermore she told me and the officer that her intent was to turn onto McColl Road not to enter into the Stripes station (her speed had to be more than 25 miles an hour estimated by the damage incurred to both vehicles>both were towed) Her's is an F-150 Truck.
The bottom line is that there is no way that the law can allow for anyone to drive in the shoulder for however long they want to decide when they are going to turn, the way it is interpreted is a matter of judgement.
Looking at that area my judgement would've been to wait until I passed the final PD before the turn onto McColl (best for safety of all concerned) but she couldn't wait for the traffic for whatever reason and decided she'd just drive in the shoulder never using her turn signal, never slowing down and intent on turning on McColl.
Fortunate enough for me that USAA (my insurance co) has enough common sense to understand that a person shouldn't be allowed to drive from Edinburgh to San Antonio as long as they intend to use their turn signal 100ft from the turn and they are crediting her at fault-not me.
Thanks for reading and following the story, the matter is now in the hands of the Lawyers from USAA and the claimants insurance company, the Edinburgh PD Lawyers to handle at their own discretion.
I'm confident that the judge will see this case in my favor, USAA has already won a case exactly like this one in a different area.
God bless (I'm getting my car back by no later than Saturday) WOOO HOOO!!!
Here's what it says to summon it up-You must use your turn signal 100 ft from the point you intend to turn at. (Summarized but it has more specifics too long to list here).
She entered the shoulder with the intent to avoid the long line of traffic waiting at the intersection for the light to change, there were 2 actual lanes to travel in that are for normal traffic, I was in the median/center lane turning left, she entered the shoulder more than 300ft so that she could drive to the corner and turn right (that lane IS NOT A LANE FOR TURNING).
A Shoulder is really only supposed to be used for emergency purposes to merge in and out of when flowing into the normal traffic or to execute a turn while DECELARATING <<she wasn't and the front part of my car (which has no damage) was already upon the Private Driveway(PD) that is why only the Passenger front door was struck.
This means that she had plenty of time to slow down and that she should've yeilded to me when I was already on the PD entrance, furthermore she told me and the officer that her intent was to turn onto McColl Road not to enter into the Stripes station (her speed had to be more than 25 miles an hour estimated by the damage incurred to both vehicles>both were towed) Her's is an F-150 Truck.
The bottom line is that there is no way that the law can allow for anyone to drive in the shoulder for however long they want to decide when they are going to turn, the way it is interpreted is a matter of judgement.
Looking at that area my judgement would've been to wait until I passed the final PD before the turn onto McColl (best for safety of all concerned) but she couldn't wait for the traffic for whatever reason and decided she'd just drive in the shoulder never using her turn signal, never slowing down and intent on turning on McColl.
Fortunate enough for me that USAA (my insurance co) has enough common sense to understand that a person shouldn't be allowed to drive from Edinburgh to San Antonio as long as they intend to use their turn signal 100ft from the turn and they are crediting her at fault-not me.
Thanks for reading and following the story, the matter is now in the hands of the Lawyers from USAA and the claimants insurance company, the Edinburgh PD Lawyers to handle at their own discretion.
I'm confident that the judge will see this case in my favor, USAA has already won a case exactly like this one in a different area.
God bless (I'm getting my car back by no later than Saturday) WOOO HOOO!!!
After I pieced together the accident scene, my initial reaction was that the accident's fault could go either way. It may be that both drivers are faulted which means you pay only for your own damages.
Given the doubt arising from the facts of the case, I don't think the police were wrong in assigning blame to you. It's just the way they saw it; no hidden agenda. Of course, it is the courts that have the final word, not the police. That the drawing of the accident scene had no bias should tell you something. They accurately memorialized the facts; it's just their interpretation of the law that differs with your opinion.
Good luck on your case. Don't stay up nights worrying; these things take years to resolve.
12-09-2008, 09:05 PM
#36
Senior Member
Thread Starter
Join Date: Dec 2004
Posts: 1,055
Thanks for your post and I'm glad your Max is fixed. That was very quick.
After I pieced together the accident scene, my initial reaction was that the accident's fault could go either way. It may be that both drivers are faulted which means you pay only for your own damages.
Given the doubt arising from the facts of the case, I don't think the police were wrong in assigning blame to you. It's just the way they saw it; no hidden agenda. Of course, it is the courts that have the final word, not the police. That the drawing of the accident scene had no bias should tell you something. They accurately memorialized the facts; it's just their interpretation of the law that differs with your opinion.
Good luck on your case. Don't stay up nights worrying; these things take years to resolve.
After I pieced together the accident scene, my initial reaction was that the accident's fault could go either way. It may be that both drivers are faulted which means you pay only for your own damages.
Given the doubt arising from the facts of the case, I don't think the police were wrong in assigning blame to you. It's just the way they saw it; no hidden agenda. Of course, it is the courts that have the final word, not the police. That the drawing of the accident scene had no bias should tell you something. They accurately memorialized the facts; it's just their interpretation of the law that differs with your opinion.
Good luck on your case. Don't stay up nights worrying; these things take years to resolve.
They refused to change the fact that the officer clearly contradicts himself with the write up and the drawing (though you don't see it that way, the officer even admitted that he wanted to change it but was not allowed).
Nevertheless, there's no way in hell I can see this as my fault because the law shouldn't allow for a person to drive in the shoulder lane for no more than 100ft period and even that should be questioned when within that 100ft openings exist between the distance of that 100ft that may cause accidents such as the one I had.
If I had struck her vehicle then i could see being partly to blame but it is clearly evident that she struck my car as it was already into the PD and I was clearly allowed to cross the normal traffic more than 225 ft from the corner/turn.
You see it the same as the police but as you stated it is a matter of interpretation of law, I have faith that a judge will see the validity of the non existent safety factor that isn't written into that law and use common sense to see the case in my favor, otherwise we may as all just drive on the shoulder from one end of Texas to the other and do not use our turn signal until we are within 100ft of where we intend to turn.
Doesn't make sense to me but I guess to those who may lack common sense then it probably does.
12-10-2008, 03:30 AM
#37
Member
Join Date: Jan 2005
Posts: 271
To some degree you're right in what you said but there is obviously still some bais when I went to see them the superior of the officer who wrote the report flat out refused to see me and they indicated on the report that my vehicle did not need to be towed when in fact it was.
They refused to change the fact that the officer clearly contradicts himself with the write up and the drawing (though you don't see it that way, the officer even admitted that he wanted to change it but was not allowed).
Nevertheless, there's no way in hell I can see this as my fault because the law shouldn't allow for a person to drive in the shoulder lane for no more than 100ft period and even that should be questioned when within that 100ft openings exist between the distance of that 100ft that may cause accidents such as the one I had.
If I had struck her vehicle then i could see being partly to blame but it is clearly evident that she struck my car as it was already into the PD and I was clearly allowed to cross the normal traffic more than 225 ft from the corner/turn.
You see it the same as the police but as you stated it is a matter of interpretation of law, I have faith that a judge will see the validity of the non existent safety factor that isn't written into that law and use common sense to see the case in my favor, otherwise we may as all just drive on the shoulder from one end of Texas to the other and do not use our turn signal until we are within 100ft of where we intend to turn.
Doesn't make sense to me but I guess to those who may lack common sense then it probably does.
They refused to change the fact that the officer clearly contradicts himself with the write up and the drawing (though you don't see it that way, the officer even admitted that he wanted to change it but was not allowed).
Nevertheless, there's no way in hell I can see this as my fault because the law shouldn't allow for a person to drive in the shoulder lane for no more than 100ft period and even that should be questioned when within that 100ft openings exist between the distance of that 100ft that may cause accidents such as the one I had.
If I had struck her vehicle then i could see being partly to blame but it is clearly evident that she struck my car as it was already into the PD and I was clearly allowed to cross the normal traffic more than 225 ft from the corner/turn.
You see it the same as the police but as you stated it is a matter of interpretation of law, I have faith that a judge will see the validity of the non existent safety factor that isn't written into that law and use common sense to see the case in my favor, otherwise we may as all just drive on the shoulder from one end of Texas to the other and do not use our turn signal until we are within 100ft of where we intend to turn.
Doesn't make sense to me but I guess to those who may lack common sense then it probably does.
The facts are clear. You executed a left hand turn, across two lanes of standing traffic and attempted to enter a PD of a convenience store. The standing traffic blocked your view of potential vehicles in the shoulder lane. You ignored any possibility of a car in the shoulder, and without looking, crossed the shoulder to enter the PD. To your surprise, WHAM, a car T-bones you on the RHS.
In my opinion, both parties are obligated to be wary in this situation. I know under the same circumstances, I would have been very cautious if I were in your shoes.
That fact that the police officer has a different opinion does not give rise to a charge of bias. You got an accurate drawing of the accident scene. If he really wanted to screw you, he would have doctored this up. I've already told you that the police are not the final word on the law. With the drawing, you will get a fair trial.
You claim that the police officer wrongly assessed your need for towing. Is this really material? Does this rise to the level of a bias crime? How about, it's just a mistake.
12-11-2008, 04:23 PM
#38
Senior Member
Thread Starter
Join Date: Dec 2004
Posts: 1,055
You had better hope that the judge who reviews your case does not have my lack of common sense.
The facts are clear. You executed a left hand turn, across two lanes of standing traffic and attempted to enter a PD of a convenience store. The standing traffic blocked your view of potential vehicles in the shoulder lane. You ignored any possibility of a car in the shoulder, and without looking, crossed the shoulder to enter the PD. To your surprise, WHAM, a car T-bones you on the RHS.
In my opinion, both parties are obligated to be wary in this situation. I know under the same circumstances, I would have been very cautious if I were in your shoes.
That fact that the police officer has a different opinion does not give rise to a charge of bias. You got an accurate drawing of the accident scene. If he really wanted to screw you, he would have doctored this up. I've already told you that the police are not the final word on the law. With the drawing, you will get a fair trial.
You claim that the police officer wrongly assessed your need for towing. Is this really material? Does this rise to the level of a bias crime? How about, it's just a mistake.
The facts are clear. You executed a left hand turn, across two lanes of standing traffic and attempted to enter a PD of a convenience store. The standing traffic blocked your view of potential vehicles in the shoulder lane. You ignored any possibility of a car in the shoulder, and without looking, crossed the shoulder to enter the PD. To your surprise, WHAM, a car T-bones you on the RHS.
In my opinion, both parties are obligated to be wary in this situation. I know under the same circumstances, I would have been very cautious if I were in your shoes.
That fact that the police officer has a different opinion does not give rise to a charge of bias. You got an accurate drawing of the accident scene. If he really wanted to screw you, he would have doctored this up. I've already told you that the police are not the final word on the law. With the drawing, you will get a fair trial.
You claim that the police officer wrongly assessed your need for towing. Is this really material? Does this rise to the level of a bias crime? How about, it's just a mistake.
first you say I crossed the traffic without looking and ASSuming the shoulder was clear>>WRONG!!
The shoulder was clear as evidenced by the fact that my car didn't hit hers, her's hit mine and somehow you continually overlook the fact that the front tires of my car was alread upon the Private Driveway meaning I had already passed that much of my car off the shoulder.
Second you ASSumed that the Officer forgot to add in the fact that I was towed but it skips your mind that he did write up that her vehicle was towed, even when asked for him to change it, he refused despite having seen the tow truck and calling for them himself.
You must be either a cop or an accident investigator of some sort because you conveniently and continually overlook all of the problems associated with this accident.
Personally, I can care less if you agree with me or not or think I should receive half the blame for this accident because your word doesn't count and my Insurance Company backs me 100% and found her at fault.
Have a nice day.
12-11-2008, 06:07 PM
#39
Newbie - Just Registered
Join Date: Dec 2008
Posts: 3
Cameras nearby?
You sure are making a plethora of assumptions and excuses:
first you say I crossed the traffic without looking and ASSuming the shoulder was clear>>WRONG!!
The shoulder was clear as evidenced by the fact that my car didn't hit hers, her's hit mine and somehow you continually overlook the fact that the front tires of my car was alread upon the Private Driveway meaning I had already passed that much of my car off the shoulder.
Second you ASSumed that the Officer forgot to add in the fact that I was towed but it skips your mind that he did write up that her vehicle was towed, even when asked for him to change it, he refused despite having seen the tow truck and calling for them himself.
You must be either a cop or an accident investigator of some sort because you conveniently and continually overlook all of the problems associated with this accident.
Personally, I can care less if you agree with me or not or think I should receive half the blame for this accident because your word doesn't count and my Insurance Company backs me 100% and found her at fault.
Have a nice day.
first you say I crossed the traffic without looking and ASSuming the shoulder was clear>>WRONG!!
The shoulder was clear as evidenced by the fact that my car didn't hit hers, her's hit mine and somehow you continually overlook the fact that the front tires of my car was alread upon the Private Driveway meaning I had already passed that much of my car off the shoulder.
Second you ASSumed that the Officer forgot to add in the fact that I was towed but it skips your mind that he did write up that her vehicle was towed, even when asked for him to change it, he refused despite having seen the tow truck and calling for them himself.
You must be either a cop or an accident investigator of some sort because you conveniently and continually overlook all of the problems associated with this accident.
Personally, I can care less if you agree with me or not or think I should receive half the blame for this accident because your word doesn't count and my Insurance Company backs me 100% and found her at fault.
Have a nice day.
First of all, unless they knew the lady, get the chip off of your shoulder...
Any of us should expect bias when a woman is in a car with 3 kids hehe, let's face it, most of the time that scenario assures that she drives away without a ticket. Folks can argue and offer up an alternative opinion, but I would bet my house that we could run an undercover investigation on speeding tickets and prove that women with kids get out of a ticket at 10 times the rate of guys...
It probably never bothered you until one of them hit you :-)
Next up we have your insurance company backing you up, which is great, but it has little to do with the law. As an example, they may consider her to have the right-of-way in a lane, and considered your action to be a failure to yield said right-of-way. Without third party witnesses, the officer's must assume that you pulled out in front of her and failed to yield the right of way as she had travelled farther along this path than you did and you failed to yield.
If cars were moved at all before the officers arrived, and there were no third party witnesses, the officers may have had no choice. They may believe you, but they cannot believe you over her, and without the third party witness, they are much more limited in their ability to write a report.
On the positive side, the actual law does not necessarily prevail when it comes to determining fault. As an example, you could have been stopped in the lane for 5 minutes(an extreme example) and she hit you in the side. The insurance company will not pay her claim because she failed to stop, but the officer would still be forced to write up the report the same way without evidence or third party testimony establishing this scenario as fact.
As the guy said above, don't worry about it, this is why you have insurance. You sound like a reasonable guy, understand that if nobody without a vested interest in the outcome is present to provide facts, the officers must boil it down to oversimplified "See spot run" type judgement and disregard their gut feel...
Did you check to see if the gas station or other stores have video surveillance?
12-13-2008, 01:44 AM
#40
Senior Member
Thread Starter
Join Date: Dec 2004
Posts: 1,055
Did they ticket anyone?
First of all, unless they knew the lady, get the chip off of your shoulder...
Any of us should expect bias when a woman is in a car with 3 kids hehe, let's face it, most of the time that scenario assures that she drives away without a ticket. Folks can argue and offer up an alternative opinion, but I would bet my house that we could run an undercover investigation on speeding tickets and prove that women with kids get out of a ticket at 10 times the rate of guys...
It probably never bothered you until one of them hit you :-)
Next up we have your insurance company backing you up, which is great, but it has little to do with the law. As an example, they may consider her to have the right-of-way in a lane, and considered your action to be a failure to yield said right-of-way. Without third party witnesses, the officer's must assume that you pulled out in front of her and failed to yield the right of way as she had travelled farther along this path than you did and you failed to yield.
If cars were moved at all before the officers arrived, and there were no third party witnesses, the officers may have had no choice. They may believe you, but they cannot believe you over her, and without the third party witness, they are much more limited in their ability to write a report.
On the positive side, the actual law does not necessarily prevail when it comes to determining fault. As an example, you could have been stopped in the lane for 5 minutes(an extreme example) and she hit you in the side. The insurance company will not pay her claim because she failed to stop, but the officer would still be forced to write up the report the same way without evidence or third party testimony establishing this scenario as fact.
As the guy said above, don't worry about it, this is why you have insurance. You sound like a reasonable guy, understand that if nobody without a vested interest in the outcome is present to provide facts, the officers must boil it down to oversimplified "See spot run" type judgement and disregard their gut feel...
Did you check to see if the gas station or other stores have video surveillance?
First of all, unless they knew the lady, get the chip off of your shoulder...
Any of us should expect bias when a woman is in a car with 3 kids hehe, let's face it, most of the time that scenario assures that she drives away without a ticket. Folks can argue and offer up an alternative opinion, but I would bet my house that we could run an undercover investigation on speeding tickets and prove that women with kids get out of a ticket at 10 times the rate of guys...
It probably never bothered you until one of them hit you :-)
Next up we have your insurance company backing you up, which is great, but it has little to do with the law. As an example, they may consider her to have the right-of-way in a lane, and considered your action to be a failure to yield said right-of-way. Without third party witnesses, the officer's must assume that you pulled out in front of her and failed to yield the right of way as she had travelled farther along this path than you did and you failed to yield.
If cars were moved at all before the officers arrived, and there were no third party witnesses, the officers may have had no choice. They may believe you, but they cannot believe you over her, and without the third party witness, they are much more limited in their ability to write a report.
On the positive side, the actual law does not necessarily prevail when it comes to determining fault. As an example, you could have been stopped in the lane for 5 minutes(an extreme example) and she hit you in the side. The insurance company will not pay her claim because she failed to stop, but the officer would still be forced to write up the report the same way without evidence or third party testimony establishing this scenario as fact.
As the guy said above, don't worry about it, this is why you have insurance. You sound like a reasonable guy, understand that if nobody without a vested interest in the outcome is present to provide facts, the officers must boil it down to oversimplified "See spot run" type judgement and disregard their gut feel...
Did you check to see if the gas station or other stores have video surveillance?
I never claimed any bias at all until I saw the discrepancies on the report and asked to speak to a supervisor who never came out to see me and the out right refusal to change or add the fact that I had been towed.
Second, you, just like the other guy's post before you are making too many ASSumptions.
No one moved the cars, they remained in position until the officer finished his investigation. She did not have the right of way as stated she was driving in a shoulder lane more than 300ft from the turn which is from the right hand lane of traffic and not a shoulder lane that does not have a right turn arrow in it.
She never decelarated as is expected by the law in a shoulder lane if one's intent is to turn within 100ft (she was 225 ft from the turn).
I had kids in the car with me too along with my wife, so one set of kids should cancel out the other set of kids in an argument of who should or shouldn't receive a ticket.
By the way, no one received any tickets.
Thanks for your understanding.
