Sept.'05 I was walking back home, I crossed an avenue in NYC at the "WALK" sign, in the crosswalk, soberly & lawfully. A rainy night, I saw no oncoming traffic bearing down on me. I reached the middle of the avenue & was struck with hi-impact by a car - a 19-yr old girl & her BF, with REVOKED licenses. They stopped, they told police that they "never saw" me crossing. I crossed with the WALK light. I awoke in ICU - with spinal fractures, broken legs, broken pelvis, & for 1st time ever, a MASSIVE heart attack, from loss of blood & stressful shock to my heart. I now have only 1/3 living heart tissue, the rest is dead scar tissue from the attack. I am in heart failure & swollen with water edema badly & cannot walk freely anymore. No cures, or remedies to resolve this. The NYC DA gave them only a $50 misdeamenor ticket for driving unlicensed. DA says that with no witnesses, no evidence of malice intent, no proof of reckless driving, they are clear of guilt. Why is law so lenient?
2007-03-06 15:28:23 · 13 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
thanks for all replies - I wish to ADD: DA was adamant that she had no solid case against the driver - saying it was a pure "accident". I asked DA why police took no breathalyzer tests - she replies that this is at the discretion of the officer. I asked why no police photos of my body sprawled on roadside after car hit me. her reply was that police no obligated to photograph crime scene. Police took statement only from driver who hit me - never came back to hospital to take me version. DA says they are not obligated to seek me out later.
Insurance co, of girl's mother (she owned car) only had policy of $50K for medical bills & $100K liability. To get both I had to waive my right forever to sue the driver.
CIVIL attys - refused to take the case for lawsuit. They did asset check and said the girl's assets & her mom were laughable & not worth their time to sue. They refused "crime reconstruction" as waste of their time.
So driver who maimed me got off with $50 misdeameanor.
2007-03-06 17:34:01 · update #1
combatCop- I was pedestrian crossing when car smacked me. Police wrote report in biased manner from girl's words: "I was driving down the avenue when he walked into the path of my car". Police didn't bother going to hospital next day to get my version. DA says they don't have to, either. Civil attys refused to take on the city as not worth their efforts or time. Driver is devoid of assets to sue for.
2007-03-06 17:40:46 · update #2
Danny,
I am sorry to hear of your plight...you have my sympathies. The District Attorney in cases like these usually will press for the maximum sentence possible...it's a shame that they got off with a $50 fine.
You could always file a civil suit against the driver...s/he clearly should NOT have been on the road, and had they been law-abiding citizens, you would not be where you are now. While researching your civil case, the attorneys will likely look over the criminal case, and see if the State could have done more to prosecute.
ADDED LATER...
Yeah, very true...even if you do win in a civil suit, it's always tough to collect from individuals...so the victory would always be a partial one. This truly, truly sucks. It always seems that those who stand accused are better represented than victims...there ought to be a law...
2007-03-06 15:38:27 · answer #1 · answered by Wolfsburgh 6 · 2⤊ 1⤋
Wow, this really sucks. The bad thing is that if they were both in a revoked status, what is the chance they have insurance? For that matter, how much property does a 19 year old have for you to get a lien against.
Now for the facts. In a serious injury or fatal crash, a reconstructionist or collision tech will conduct an investigation. Based upon their investigation, they could have and would have charged the driver with a more serious crime. So, one of two things are going on here. Either you are lying about being hit which would be disturbing at the least, or the NYPD crash unit is completely incompetent.
If you are telling the truth, get a lawyer, hire a private crash investigator and go after the city for conducting a negligent investigation.
2007-03-06 16:36:10 · answer #2 · answered by Combatcop 5 · 3⤊ 1⤋
I think something is missing from your story.
The NYPD has an Accident Investigation Section (A.I.S.) whose job it is to investigate this very type of collision. Your injuries that you described sound life threatening. The A.I.S. would have been called to the scene to investigate, document, and interview witnesses and those involved. Thye most certainly would attempt to interview the victim (you) to get a statement as to what happened.
It is in the best interests of the City and NYPD to investigate, and if the investigation proved, prosecute those involved. It would eliminate the liability of the city to show that the collision occured as a result of the driver, and not a design flaw of the road, lighting, traffic controls, etc.
As for the officers taking photos of your body on the ground, they normally won't unless you are dead at the scene. EMS and NYPD would be either providing medical care, directing traffic around the scene, preserving evidence, interviewing parties involved.
If and officer took pictures of you laying on the ground with critical injuries instead of getting you treated, I would think something is wrong.
I can't imagine any supervisor signing off on a report where the victim almost died and no investigation is done. To top it off, the prosecutor won't take the case?
Is it possible, as I have seen many times, that you the pedestrian, were in the wrong, and that is why the investigation turned out the way it did? Possibly not in the crosswalk, crossed against the red, stepped in front of traffic?
As per your statement "I saw no oncoming traffic bearing down on me. I reached the middle of the avenue & was struck with hi-impact by a car". How wide is this road that you can't cross it before a car appears out of "nowhere"?
I'm sure there is more to this than you are telling us.
2007-03-07 00:17:02 · answer #3 · answered by sct442 3 · 0⤊ 2⤋
answer me this, a million. How some distance were you thrown, finished distance from impression for your very last relax? 2. What were you wearing? 3. were there streetlights on on the time? 4. Did the DA position any blame on you? 5. How huge is the the line that you've been crossing? so some distance because the breathalyzer, the position i'm from it truly is no longer given on each site visitors coincidence. what's commonly needed is a hallmark of impairment or intoxication. If there's a field sobriety try is given. in the journey that they fail, that they are arrested, booked and then given the alternative to take a breath or blood try. Why could you intend to make driving with a revoked license a legal? which could advise that each and each driving force stopped for a revoked license could be arrested and jailed. DUI's are worse than driving with a revoked license and so some distance as i understand they don't look felonies. i have self belief for you that you've been injured. regrettably the DA is restricted on what they can do by technique of the guidelines of your state.
2016-12-05 08:44:36 · answer #4 · answered by haltom 4 · 0⤊ 0⤋
I am so sorry for this injustice. I myself do not understand the law sometimes. I recently encountered something similar. A healthy 50 yr old was a ski instructor in a popular park. He had a deadly accident with a young skiier, who left him for nearly dead. For several years, as this case was in litigation, the instructor had several heart surgeries, cant speak, lost his ability to walk, cant teach anymore and is in a wheelchair. Long story short, after so many years of trying to recover some money for his medical bills, the park ended up with absolutely no liability, and the skiier was never found. I cried for this man I didnt know. My prayers to you.
Were you ever able to recover anything?
2007-03-06 15:47:22 · answer #5 · answered by vixxen 5 · 1⤊ 1⤋
well that DA sucks. get a lawyer and sue the both of them. one will turn on the other and the truth will come out. also you can sue the city if there was a lack of lighting. get all police reports and have a good lawyer. they will get you taken care of
2007-03-06 15:47:11 · answer #6 · answered by thewiseman 2 · 1⤊ 1⤋
because so many other people have tried to sue for stupid things like spilling hot mcdonald's coffee on themselves and so they probably think that you are just another one of them.
i would suggest taking it to court, because that is just a bunch of crap in my opinion. according to the law, these people should have to pay more, even if not for injuring you than for driving with previous driving misdemeanors and a revoked license.
2007-03-06 15:36:17 · answer #7 · answered by Anonymous · 1⤊ 2⤋
you still have a alturnative , sue in civil court I am sure you can get a lawyer to take your case on a contingency basis,
sounds to me like youhave a very good case,
2007-03-06 15:52:03 · answer #8 · answered by james w 3 · 1⤊ 1⤋
The officer is correct - but you can sue the dickens out of their insurance company.
2007-03-06 15:38:18 · answer #9 · answered by Anonymous · 1⤊ 2⤋
You have to sue them in a civil court.
I am sorry it happened to you.
2007-03-06 16:43:45 · answer #10 · answered by OC 7 · 1⤊ 1⤋