On December 10, 2007 I was driving south on us hwy 19 exiting off the East Bay exit. To where I proceeded to move into the far right lane with turn signal on, I was about half way past the 1986 Volvo when she proceeded to move without a turn signal I in turn beeped to let her know I was there and sped up to avoid getting hit. After turning on to East Bay the 1986 Volvo pulled up beside me and threw something at my window (which left a scratch on my car) and proceeded to try to speed off. I accelerated to get in front of her and tell her to pull over. As I pulled in front of her the car in front of me braked and then I braked. Upon braking the 1986 Volvo rear ended me not once but twice. She hit me and I pulled forward a few and she again hit me. We were in the center lane so I pulled off to the side of the road and she followed but pulled in front of me. As I exited my car a girl who claimed to be her friend got in my face and was yelling at me. I told the girl to back out of my face
2007-12-11
01:20:17
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13 answers
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asked by
daisy
2
in
Politics & Government
➔ Law & Ethics
and call the police she then handed her phone to her friend and told her to call someone and she call another friend. I asked then to please give there insurance information to which she refused. About that time the police had shown up. As the officer came up they started yelling. I told the office that the girl had told me that she was her friend and I didn’t think it would be a bias witness. She then told the officer she did not know this woman and had no idea who she was. After that the officer told us to pull into the parking lot to get the rest of our stories. I was asked for my insurance information and driver license, and not talked to again till I received my ticket. I was not asked my story at all. Then I asked the officer why the girl who claimed not to know this girl who hit me was still here. The officer told me he could not make her leave, I told the officer I wasn’t asking for her to leave I was wondering how he could use her as a w
2007-12-11
01:21:04 ·
update #1
witness when she clearly lied and said she was not her friend but sat there smoking with her and laughing. If she lied once who’s to say she wouldn’t lie about the whole thing. He in turn gave me my ticket and her insurance information along with her personal information home address telephone number. I asked the officer about the throwing of something at my car and he said he would have to make another report on that and look for the thing she threw and said I could leave. I do not know if the report or item was ever looked for or written up. After getting home I noticed that the information on the ticket I received was not correct.
2007-12-11
01:21:38 ·
update #2
the ticket information was my personal info but the auto was all hers should i fight it for false info?
2007-12-11
01:26:44 ·
update #3
and the friend was not in her car she was in a different car all together
2007-12-11
01:27:21 ·
update #4
i got the ticket for careless driving but it was on the word of the friend that lied to the cop
i admit i was wrong to get in front of her but a few months ago my friend had something thrown at her car wrote the licence down but the cops said nothing we can do since you drove away from the sceen well if some one throws something they are not waiting to see what your gonna do..so when i got in front of her i wanted her to pull over to call the police not brake check her... i braked because the person in front of me braked
2007-12-11
01:38:43 ·
update #5
Oh hell yes fight this, 19 and east bay that is Fla. and in Fla the one who rear ends someone is ALWAYS at fault its the law you are supposed to be in control of your vehicle at all times I can guarantee that a judge will throw this out and you should contact the supervisor of the officer who was obviously bias towards you and have the case looked into they threw a deadly missile (that is the terminology used) at you that is a felony you should take pics of the scratch for evidence this cop did not do his job.
2007-12-11 01:38:05
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answer #1
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answered by Cat Man 5
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I've always been told that the person who rear-ends you is at fault no matter what the circumstances. However, I was on a jury where that happened, and all the couple wanted was their hospital bill to be paid for after they went in for an examination. They were black and had a nice, calm attorney represent them. The "hitter" was a white punk who had a very boisterous lawyer who convinced the jury that people nowadays are filing all kinds of lawsuits like ambulance chasers do. I was the only one of 12 who believed the couple should have been compensated. The man who hit them was driving a company truck so I am sure they were able to hire a better lawyer. I still don't think it was the correct ruling that they didn't pay the couple's bill, but that is the way it goes sometimes in our judicial system. You must show up for the hearing. You shouldn't have to repay the insurance company since the other guy got the ticket for following too close. Good luck.
2016-05-23 01:12:44
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answer #2
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answered by ? 3
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What you did was stupid but that is not the point as whats done is done and the question is in what to do now.
You really should get a lawyer. Now this may cost a bit but if you can get this reduced or dropped it will save you thousands over the next few years. Plus even though were hit from the back if convicted her insurance company can refuse to pay any of your damages. And if your insurance company has to pay for either vehicle then it will be the same....... rates go up.
Another reason you need a lawyer is because if you tell any portion of your story to the judge he is going to throw the book at you and he probably will anyway. He will see it that something thrown is no reason to try to force a vehicle off the road.
A lawyer speaking for you could possibly frame it in a certain light. Maybe he can work w. the fact that the officer just ticketed you without hearing your side. But then the judge will say OK, tell it now. A lawyer can tell you what to say because if you said it like you did here you will be toast.
Get a lawyer because you really need one.
2007-12-11 03:22:03
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answer #3
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answered by jackson 7
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If you hit you pay, obviously your car was the one that got hit...but I am sure that other people saw when you cut her off and slam your breaks on her ...causing her to hit you...which is not only consider as "road rage" but reckless driving. If this "witness" was a passenger in the Volvo you have to prove it and that could help you a little but I really doubt it. Get a lawyer, but ultimately will cost you more than paying for the tickets. By the way, expect your insurance to increase big time.
Next time, the best thing to handle a situation when someone throws something at your car is to write down the license plate number and call police, DON'T RUN IN FRONT OF THE CAR AND SLAM THE BREAK ON THEM TO MAKE THEM STOP, you can end up hurting Innocent people.
EDIT: if she was in another car, she is a very good credible witness. sorry you are screwed
2007-12-11 01:38:20
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answer #4
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answered by fun 6
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WOW, what a story of road rage. If the info on the ticket is wrong, you can fight it in court. I suggest getting a lawyer to represent you when you go. That will cost a few dollars, but well worth it.
You can also take the other driver to civil court and get a judgment against her for the damage on your car and have her pay to get it fixed. If she does not show up, you should automacially be award the judgment.
Good luck.
2007-12-11 01:30:32
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answer #5
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answered by halefarmboy 5
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It sounds like you were driving recklessly, cutting her off, trying to "pull her over". What?--are you the police? What if she had a gun? or just wanted to beat the s*it out of you? You should have just taken her vehicle info and called the police right away. You may have been rear ended, but it was your own fault. (and if you hadn't dashed in front of her-recklessly!-you wouldn't have been behind that poor person that braked!!!)
2007-12-11 01:43:02
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answer #6
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answered by Anonymous
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Try it; at least in your favor as a rule the person hit from the rear is usually not found at fault (failure to control) but there are a lot of extenuating circumstances
2007-12-11 01:26:22
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answer #7
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answered by wizjp 7
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You can fight it, BUT just going with what you have siad here, I'd say you are the one at fault.
2007-12-11 01:33:58
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answer #8
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answered by GRUMPY 7
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Get a lawyer.
2007-12-11 01:25:19
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answer #9
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answered by Anonymous
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was her friend in the volvo with her? if so....wouldnt the cop notice that this woman didnt have a vehicle of her own that she was driving...where would she have come from? this really sux id fight it i mean its your word against theirs but you werent at fault...
2007-12-11 01:25:31
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answer #10
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answered by Anonymous
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