Posted: 2/10/2004 10:41:04 AM EDT
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Cross posted from General Discussion Some of you may remember me posting this thread about three months ago after I was involved in an auto accident. www.ar15.com/forums/topic.html?b=1&f=5&t=214281&w=searchPop I was just called about an hour ago by a member of the Highway Patrol and he advised me that the other woman in the accident died. He said that she had surgery after the accident to repair damage to her liver. She was in the hospital for awhile and then was released. She then started to suffer from some type of infection and was readmitted to the hospital. She died recently while there. The coroner has put down the cause of death as an accident fatality. Because of that, the police are required to do a more in depth investigation and will be out to talk to me next Tuesday. The idea that somebody has been killed is very troubling. However, I've looked back on what happened that day and I don't see that I could have reasonably done anything to prevent what happened. LEOs - what should I expect? Is there anything that I should be aware of? I'll be crossposting this to the LEO forum, but I'd be very interested in hearing from anyone who has personal experience in this. |
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Johnny, your link isnt working for me, but based upon what you have already said, I'd recommend consulting with a bottom dweller (lawyer) before giving another statememt. If not to protect yourself from any criminal charges, to protect yourself from the civil suit that is likely to arise. |
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- Fixed the link above - I have spoken with my insurance company and they feel confident that I'm in good shape, legally speaking. She got the ticket after the accident. There was one witness to the accident and he clears me of any responsibility...states that I was travelling at the posted speed limit when she pulled out in front of me...further states, that I immediately braked and attempted to avoid the accident. I'm guessing that if her family is litigious, they'll sue the hospital that provided her care for the last three months as they have the deepest pockets. Of course, if they do that, they'll name me in the suit no matter what. |
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unless you were driving negligently/recklessly (and obviously your intentions werent to hit this woman) you'll be just fine (trooper gave her the ticket). had you been going 120 on the freeway and plowed into her it would be one thing, but from what it sounds like (just an accident) then theres no real blame as far as homocide you'll be fine |
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I'd seriously second the talking to a lawyer suggestion. Someone suggested it would be hard for her to put together a lawsuit, it's not. There are a bucket of low life attorneys who will gladly take the case up for free just to see if they can squeeze any money out of you and your insurance company. And when they can exploit the wish for surviving family members to make sure her kids are taken care of it can get all the more fervent. What happened and what she said to family members at the hospital could be two totally different things. Sometimes it doesn't really matter who was right and who was wrong. Your insurance company may find it cheaper to pay out than to litigate, leaving you with a bad insurance record. Hopefully there are a few witnesses for your side. I can tell you from personal experience with a MVA with a fatality, that having been in the right and with a witness(a police officer who saw the whole thing) for your side you can still be sued. No shit, get a lawyer, get all your ducks in a row. Was there a full investigation done at the time of the accident? |
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[size=6][red][b][u]Beware of the Insurance Company.[/u][/b][/red][/size=6] They are not your friend. They are in the business of making money, not helping you. I learned this from personal experience and through friends. All of them will hang you out to dry without you even knowing it. Get the best lawyer you can afford. Listen to your lawyer. Make sure your lawyer is involved with any and all action your insurance company has with the other side. Show respect to the law enforcement investigator but don't give anymore statements without your lawyer attending. We all know this has changed from just an accident to a serious investigation. Sounds like your in good shape. I'm sure like everyone here, you feel bad about the ladies death. You have to protect yourself and family. Family comes first. Hope everything comes out good for you. P.S. Sorry about the bold, big, red lettering but want to make sure your protected. Again, family is your first priority. Colt_SBR |
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Judging from your facts, it's doubtful there will be any criminal charges so the LE investigating your case are not looking to lock you up. HOWEVER, there is a strong likelihood of a civil case. Get a lawyer, have him present during all questioning. The burden of proof in civil court is considerably less than in criminal court. If the complanant can you that you are even SOMEWHAT responsible for the person's death, the civil court with most likely award a settlement. Good luck |
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There may be no criminal charges, but if there is further investigation you may very well be cited for something if they subsequently impound your car and find worn breaks or equipment violations, hence my earlier question about whether or not there was a full investigation of the accident(scene documentation/ measurments/ skid mark pics and the like). Usually the extent of the injuries at the time of the MVA determine if a crash scene is held for an accident investigation. In NY the term/criteria is Serious Physical Injury(SPI). If it exists, then the scene is held/road closed and a full accident investigation takes place. All the opposing counsel needs is one itsy bitsy cite for worn brakes, faulty/broken equipment and they have a chance at recovering some money as culpability is frequently broken down to a percentage of fault. Also, in NYS, when there is a fatality involved your drivers license is automatically put to a review by the DMV at an administrative motor vehicles hearing. It's not a criminal hearing, they just look to see if there is a reason to suspend your license to operate based of the facts of the accident. BUt irt is technically a court appearance, and any non-compliance will result in an immdiate suspension of your license here. But again, get an attorney, the insurance company attorneys work for the insurance company's interests, NOT yours. They may be perfectly willing to take a $$ hit that saves them money but makes you subsequrntly uninsurable. As it was said here before, get the best you can afford, preferbly one that specializes in traffic/criminal cases. Even if you just lay out $300 to talk to one for an hour or so, you will thank yourself later. |