Lost respect for highway patrol today

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DurocShark

Lifer
Apr 18, 2001
15,708
5
56
You weren't at fault.

Does your car look "rice"? Lowered and fart tipped and such? The cop has prolly seen too many "racers" cause trouble and so has developed a prejudice towards rice. (I have a prejudice towards the ugly cars, not the owners as people...LoL) If he has, that's grounds for dismissal right there.

I'd be willing to bet that if you were driving a stock Volvo the report would be different.
rolleye.gif


 
J

Jzero

Lifer
Oct 10, 1999
18,834
1
0
Originally posted by: freebee
Keep us updated. Insurance law is really a PITA sometimes. Lot of times it doesnt make logical sense or goes against stuff we do every day.

Working in the insurance industry has made me paranoid....there are so many laws and regulations and they differ among different states...and weird things like left turns, uncontrolled intersections, double left turns, four way stop signs, etc....all create liability problems for insurance examiners.

I don't think you were entirely at fault....but regardless of what the other driver is doing (wrong or not)...you should have left yourself enough room to stop. This is why sometimes you see drivers get issued "following too closely" citations for rear-endings, even though the driver in front of them stopped for no apparent reason (and therefore should share some % negligance.)
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You can't "leave yourself enough room to stop" when you're talking about someone going in the opposite direction turning across your line of travel. I'm in agreement with Eli on your reading comprehension abilities.
 
NutBucket

NutBucket

Lifer
Aug 30, 2000
27,177
647
126
Originally posted by: DurocShark
You weren't at fault.

Does your car look "rice"? Lowered and fart tipped and such? The cop has prolly seen too many "racers" cause trouble and so has developed a prejudice towards rice. (I have a prejudice towards the ugly cars, not the owners as people...LoL) If he has, that's grounds for dismissal right there.

I'd be willing to bet that if you were driving a stock Volvo the report would be different.
rolleye.gif
Click to expand...

His car is/was a bone stock '00 or '01 Chevy Prizm. No wheels, exhuast, nothing. Not even tint.
 
B

BatmanNate

Lifer
Jul 12, 2000
12,444
2
81
How did he know you were going to watch street races unless you were stupid enough to tell him or your car is riced out?
 
P

Pepsi90919

Lifer
Oct 9, 1999
25,162
1
81
Originally posted by: OS
Originally posted by: freebee
Because your points of impact suggest excessive speed.

Though I am more familiar with NE law, from an insurance perspective depending on where you hit him, will vary your liability. I would have to examine Cal. law more carefully, but it should be fairly similar. Call your insurance company to verify the liability laws.
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Let me remind you again that the collision report itself says I was going 45-50 and the posted speed limit was 45.
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so you basically admit you were speeding.

have a nice day.
 
D

dxkj

Lifer
Feb 17, 2001
11,772
2
81
Originally posted by: BatmanNate
How did he know you were going to watch street races unless you were stupid enough to tell him or your car is riced out?
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I

iwearnosox

Lifer
Oct 26, 2000
16,018
5
0
Originally posted by: Pepsi90919
Originally posted by: OS
Originally posted by: freebee
Because your points of impact suggest excessive speed.

Though I am more familiar with NE law, from an insurance perspective depending on where you hit him, will vary your liability. I would have to examine Cal. law more carefully, but it should be fairly similar. Call your insurance company to verify the liability laws.
Click to expand...

Let me remind you again that the collision report itself says I was going 45-50 and the posted speed limit was 45.
Click to expand...

so you basically admit you were speeding.

have a nice day.
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rolleye.gif
 
C

cyberia

Platinum Member
Oct 22, 1999
2,535
0
0
I am not a lawyer, and laws are different everywhere. However, based on my experience here in Florida:

1. The officer was NOT present at the scene at the time of the accident. So, his opinion will not stand in court.

2. What you told the officer at the scene is privileged, and it cannot be presented to the court without your permission.. Even if you told the officer you were speeding, going to drag racing, at fault etc., he cannot disclose it.

3. You had the right of way even if your light was red unless the truck had a green left turn arrow.

4. Tell your side of the story to the insurance company. If the trucker tries to sue you, it is often in their interest to fight on your side as they are liable for most (if not all, depending on your policy) damages if the trucker wins.

Again, Cali laws are different from Fla.'s, and I am not a lawyer.
 
N

NogginBoink

Diamond Member
Feb 17, 2002
5,322
0
0
What difference does it make who the officer says is at fault on the collision report?

The insurance company doesn't use that to assign liability, do that?

If not, who cares what the officer wrote?
 
A

acemcmac

Lifer
Mar 31, 2003
13,712
1
0
If you were really going 45-50 when you hit that truck, you'd be dead right now. end of story.

go kick his ass in court and if that doesent work rape his wife and daughter, gut his son and set him on fire :D
 
S

spikemike

Member
Jun 27, 2002
110
0
0
if you are doing anything involved with illegal street racing in San Diego you can get your car impounded even for watching i believe.
 
Vic

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Before you call a lawyer, call your insurance agent. That's why you pay for insurance. They have a vested interest in who was actually at fault in your accident and should fight to protect your (and their) interest.
And yes, ignore those who can't read.
 
Vic

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Originally posted by: acemcmac
If you were really going 45-50 when you hit that truck, you'd be dead right now. end of story.
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No sh!t. Only 43 feet of skidmarks and no airbag deployment does not indicate "excessive" speed.
Originally posted by: spikemike
if you are doing anything involved with illegal street racing in San Diego you can get your car impounded even for watching i believe.
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All well and good, but entirely irrelevant to determining who was at fault in ANY accident.
 
Y

Yax

Platinum Member
Feb 11, 2003
2,866
0
0
Were you stupid enough to tell him you were doing 45-50? From now on, just state that you were doing 45 only. Sue big time. I would.
 
Vic

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Originally posted by: cheapbidder01
Were you stupid enough to tell him you were doing 45-50? From now on, just state that you were doing 45 only. Sue big time. I would.
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This is true. When a cop asks you "How fast were you going?" ALWAYS says the exact speed limit or less. I cannot stress that enough. Cops are government employees, which means they are bureaucrats. Spirit of the law means nothing to them, they only care about the letter of the law, and will screw you if given the chance. You have to remember, that is their job.
 
C

Cyberian

Diamond Member
Jun 17, 2000
9,999
1
0
Originally posted by: acemcmac
If you were really going 45-50 when you hit that truck, you'd be dead right now. end of story.
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This reading comprehension problem seems to be contagious

 
T

TheKub

Golden Member
Oct 2, 2001
1,756
1
0
Originally posted by: acemcmac
If you were really going 45-50 when you hit that truck, you'd be dead right now. end of story.
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He said he hit his breaks. If he didnt and still survived I'd feel that he would be at fault for not paying attention.

My advice just go through the process. They have to follow a process therfore the best way to come out of this is to??? Thats right go through the process. Tell your side of the story, file any paper work they need, etc. thats all you can hope to do.
 
T

TheKub

Golden Member
Oct 2, 2001
1,756
1
0
Originally posted by: Cyberian
Originally posted by: acemcmac
If you were really going 45-50 when you hit that truck, you'd be dead right now. end of story.
Click to expand...
This reading comprehension problem seems to be contagious
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LOL. Beat me to the punch.
 
Vic

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Originally posted by: Cyberian
Originally posted by: acemcmac
If you were really going 45-50 when you hit that truck, you'd be dead right now. end of story.
Click to expand...
This reading comprehension problem seems to be contagious
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The problem appears to plague all sides.
Only 43 feet of skidmarks and the airbags did not deploy. Airbags usually deploy at impacts of 25mph and above.

OS, are you aware that there is a precise formula for figuring out your speed prior to braking? Damage to the car can be used to (more or less) accurately estimate speed at impact, then knowing the coefficients of friction of both the pavement and your tires, plus the known factor of 43 feet. I can't recall the equation off hand but I'm sure you could google it or find out from a local college physics professor (where I originally learned it).
 
F

Frdm51472

Senior member
May 30, 2002
334
0
0
Originally posted by: DurocShark
You weren't at fault.

Does your car look "rice"? Lowered and fart tipped and such? The cop has prolly seen too many "racers" cause trouble and so has developed a prejudice towards rice. (I have a prejudice towards the ugly cars, not the owners as people...LoL) If he has, that's grounds for dismissal right there.

I'd be willing to bet that if you were driving a stock Volvo the report would be different.
rolleye.gif
Click to expand...

I take offense to that, cops love to pick on my stock Volvo. :p

 
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