Point on record after supposed “felony hit & run in commercial vehicle”.

Discussion in 'Trucker Legal Advice' started by sexystuff911, May 7, 2015.

  1. sexystuff911

    sexystuff911 Light Load Member

    205
    177
    Feb 26, 2013
    N. California
    0
    Hey Guys!

    I got really, really busy t work and my computer died. I haven't had a chance to tell you how the story ended. Here it goes!!!

    I went to the police station and ordered a copy of the police report. I returned a week later and picked it up. I know the police officer that helped me at the counter, but I doubt he remembered me. He was my neighbor's partner for years, but they worked the night shift. I only saw him when I was taking out the trash cans at my folks house before going to bed. The reason I mention this part is because he was a familiar face who I knew to be a fair and friendly cop. I wasn't nervous speaking to him. I thanked him for the report and was reading it as I left the lobby. I stopped, read it again, and went back to the counter.

    me: Excuse me, Officer ****, but what do I do if the narrative in the report isn't correct?
    him: What's wrong with it?
    me: Several things. The narrative says I was rolling up to a red light intersection, didn't see the BMW stopped, and rear-ended it. That's not what I told the officer. I told her I was the first vehicle at a red-light intersection and thought I got rear-ended... (insert rest of story told at beginning of thread).
    him: Is that all?
    me: No. There is no date on this report, there's a scribble but I can't tell if it's a signature, the officer's badge number isn't listed, and the location is wrong. The accident happened in front of the strip mall. That intersection has 4-way light control. She made a right turn on the red and dove in front of me. I had the green. The location she listed is a residential lane more than 2 miles away. That intersection has 2-way light control. I still would have had the green.
    him: Let me call her. I'll give you the phone. Please leave her a message. If you don't hear back in a week, come back and talk to me.

    She called back a few days later. I calmly explained what I just described above to her. I asked her to correct the narrative because the lady I bumped had since filed a lawsuit against me and my employer. She had hired a lawyer and was claiming debilitating neck and back injuries. Since I had already admitted fault and offered to pay her damages (which the cop had even said were very minor), we would have to take the case to trial. She was lying and I refuse to allow a minor bump that barely scratched her bumper to turn into a big pay day for her. Her lawsuit was a gross miscarriage of justice and fraud.

    The cop said she didn't care. She wasn't changing her conclusion. I was at fault and this was a felony hit-and-run. I told her I didn't expect her to change her conclusion. I hit the car and accept responsibility for the minor damage I caused. However, I want the narrative corrected to accurately reflect what I said at the time. I want the location corrected, too.

    We argued back and forth for a while. I tried to remain calm and rational, but it was difficult toward the end. At one point she said the lady in the BMW had more credibility than me. I snapped back that that was the problem. Rich people in brand new sports cars are always more credible than poor white trash truckers, but she was a cop and supposed to be above that kind of bias. I pointed out that BMW lady had time to sit there and devise her story. She even drove to a different location before calling the cops. I'm guessing because getting hit by a truck while leaving a residential neighborhood resonates better with a jury than diving in front of a truck and into a traffic jam from a gas station. She probably didn't flag me down because she didn't want to give me an opportunity to find witnesses. I never got to examine her car. I was beginning to think the whole thing was a setup and couldn't believe a cop was going to contribute to a fraud.

    At this point, things got pretty heated. I had touched a nerve. She was seething with anger when she again refused to correct the report. She said she would have my license for the felony she knows I committed. I would never drive again. I tried to dial it back. I don't need problems with my hometown cops. I said okay, I'm not going to keep beating a dead horse. You have your opinion. I have mine. I think yours is wrong, but I respect your position as a police officer. I grew up in this town and you guys have always been good to me. We'll just have to let the judge sort things out. Thank you for your time. Please send copies of the pictures you took of the BMW to my employer.
    She slammed down the phone.

    I called my boss'es insurance agent the next day. I told him i wasn't successful in having the cop change the report to accurately reflect what happened that day. In fact, I may have made things worse by arguing the cop was allowing her bias to contribute to a fraudulent claim. The insurance agent wasn't happy with me. Neither was my boss.

    I began a life of suspended animation. I was waiting to be contacted by the civil court for the lawsuit. I was waiting for the charges to be filed in criminal court. I was waiting to lose my job and started asking contractors about positions I might be qualified for without my license. I bought a dash cam. I couldn't afford to contact an attorney, especially if I might be unemployed. And it was hard to go to work every day and look at my boss. He was sweating it, too.

    After two months, I couldn't take it anymore. I just wanted the hammer to fall and get it over with.
    I pulled my DMV report. It was clean. I asked my boss if he had heard anything from the insurance company. He said not since I talked to them. I called the District Attorney's Office. The assistant put me on hold for a while, then came back and said the charges were withdrawn. She didn't know why. I've never been so relieved in my life!
     
    xsetra, mpow66m, Big Don and 1 other person Thank this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. xsetra

    xsetra Road Train Member

    5,161
    7,092
    Aug 21, 2011
    0
    Good for you. Sometimes the truth prevails and the scum of the earth get washed down the drain. .
     
  4. dog-c

    dog-c Road Train Member

    1,852
    1,546
    May 30, 2011
    New York, NY
    0
    Swift drain cleaner
    Knight toilet bowl cleaner
    Cr England septic services
     
  5. skateboardman

    skateboardman Road Train Member

    6,232
    5,706
    Jan 14, 2012
    flatbed heaven
    0
    So why did you admit fault if she out in front of you green, that was a bit stupid. How did you not see her go thrust the intersection after you hit her in the rear and then she was parked on the other side?
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.