Alright. Last night my dad got rear ended by some idiot...in our own driveway none the less. When the police came (it was a woman) she did pretty much nothing to help the situation. Anyone could obviously tell this guy was either drunk or high or something and she didnt even give him a breathalizer! There was empty beer cans on the floor (open container policy--ticket right??). There were no skid marks, meaning he didnt even apply his brakes?? My dad's car is very banged up and he got whiplash. The car is an older car and it would take a lot to bang it up that bad. The guy claims he was going 30 mph and was going to pass but this road is a no passing zone and he also said my dad didnt turn on his signal light which he always does. He was deff. going more than 30 mph. One more problem..there were no witnesses...just the two of them. And to end this story, the police officer didnt even issue a ticket...something to me seems seriously messed up. Can anyone help me?
2007-08-25 10:42:47 · 15 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
yes....what i meant was that he was turning into our driveway when the man tried to pass. both cars did end up in the drive..his partially, my dad's all the way.
2007-08-25 12:11:31 · update #1
This one's a toughie because the police officer should have issued a ticket. This happened in the street, not on private property. Just because the vehicles came to rest on private property doesn't mean the moving violation that led to the accident took place on private property. There should be evidence in the street, such as broken taillight parts, skidmarks or flakes of paint where the point of the collision took place, so it's usually pretty easy to tell wehre the accident actually happened as opposed to where the cars ended up when they stopped rolling. She should have issued the ticket because the vast, vast, vast majority of people who rear-end someone are at fault for the crash. Period.
There needs to be a report filed with the insurance company, but your dad needs to go through it carefully first to make sure this officer reported everything properly. She should also have to answer to her superiors as to why she didn't issue a citation, if indeed one has not been sent to the other driver in the mail.
2007-08-27 21:00:02 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Did she take an accident report? If she did then turn it in to the insurance company and get it fixed and pay your dad's medical bills. The other guy rear ended your dad so that is pretty cut and dry. The officer will show this on the report and the insurance company will probably agree with her. It doesn't matter a whole lot if your dad used his turn signal or not. The other guy was following to closely, or speeding, or just not paying attention. It doesn't matter if the officer wrote the other driver a ticket. The insurance company won't care and it won't keep the claim from being processed.
I'm reading a little into your question in my answer. I'm assuming your dad was rear ended while he was trying to turn into the drive.
2007-08-25 11:55:50 · answer #2 · answered by El Scott 7 · 0⤊ 0⤋
If this is it i.e. the whole story, I would suggest taking ALL emotion out of your statement and bringing it to the Police Department.
There are ways to determine what happened in an accident despite the lack of witnesses.
I understand that it is frustrating; however as a general rule law enforcement does a pretty good job of assessing a situation. Yes, there are lapses in judgment and there are some really poor officers; however if you can present your concern in a clear & concise manner...more than likely you will be heard.
Make sure the insurance adjuster has been out to assess the damage and go from there.
I wish you well.
2007-08-25 11:21:33 · answer #3 · answered by 343 Remember 3 · 0⤊ 0⤋
If the incident did occur in the driveway, then there isn't much the police can do.
However, your dad would be able to sue the other driver regardless of where the accident happened. Speak with an attorney.
Also, sometimes the police don't issue a citation on the scene. They have been known to send them by mail. I don't know they would wait based on your facts.
2007-08-25 10:52:48 · answer #4 · answered by hensleyclaw 5 · 0⤊ 0⤋
The accident happened because a portion of your fathers vehicle was in the roadway, as he was turning into a driveway. Where is everybody getting that this is private property? It is not a private property situation. Just because the vehicle / vehicles came to rest on private property, doesn't mean anything, you go by where the incident actually happened. I agree with Condor, the officer investigating the crash was obviously very lazy, but I can't armchair quarterback something that I didn't witness to get all the facts.
2007-08-27 20:42:19 · answer #5 · answered by Anonymous · 1⤊ 0⤋
I don't usually issue tickets at the scene of accidents.
I wasn't there so I can't speak to the impairment of the other driver, but obviously the officer disagreed with your assessment of the other driver.
Empty cans don't violate the open container law (at least here)... they have to contain some alcohol still.
A traffic accident is (by and large) a civil matter. We take reports to document the facts as a disinterested party, but seldom is there a true criminal matter at the scene of an accident.
Contact your insurance company. If the other driver was at fault, they will take the necessary action.
2007-08-25 10:50:24 · answer #6 · answered by Citicop 7 · 2⤊ 0⤋
Report this accident to your insurance company. Other driver definitely was negligent and at fault. His insurance company suppose to pay your father for property damage to his car and for any bodily injuries your father sustained as a result of this. The best thing is to contact personal injury attorney. You do not pay them in advance for such cases, you only pay lawyer if he wins for you. As to this police woman, she probably knows that guy, maybe a relative or a friend or she is just a lazy cop. File complaint against this police woman with her superiors.
2007-08-25 14:01:24 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I'm with Steven C - really annoying but the police have little jurisdiction over private property - technically you can't break traffic laws there.
And there being no independent witnesses then the officer is just adjudicating a private dispute.
Sorry about your dad though.
2007-08-25 10:52:21 · answer #8 · answered by morwood_leyland 5 · 1⤊ 0⤋
police have no jurisdiction for traffic violations on private property and even if they did its your word against his falls back to innocent until proven guilty your dad should have called the police station and reported a drunken driver then the officer that was already there would have had no choice but to breathalyze the man
2007-08-25 10:57:43 · answer #9 · answered by Nick 5 · 0⤊ 0⤋
If you Dad feel that the lady was at fault he can still go to the police station and make an accident report!!
2007-08-25 12:50:36 · answer #10 · answered by Richard 3 · 0⤊ 0⤋