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Tow Truck Ripped Off My Bumper, who is at fault?
Discussion in 'Experienced Truckers' Advice' started by scottied67, Jul 24, 2023.
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singlescrewshaker, Phoenix Heavy Haul, Oxbow and 2 others Thank this.
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2) in most jurisdictions, yes a member of the same department can investigate and issue citations in incidents involving their officers. Officer involved shootings are generally different.
3) signing a ticket doesn't mean you agree with the citation. It just means you acknowledge you were issued with the citation. Then a person is free to fight it in court. If a person refuses to sign, procedure is usually to arrest the individual and impound the vehicles. It's also common to add an obstruction charge and anything else the officer can think off.
What happens next is the person is arraigned and the magistrate judge usually just sets bail and holds over for trial. Bail is usually set at $10,000. You hire a lawyer (probably two at this point) and work the process. That's if everyone is playing by the rules. If they're not, life gets interesting. The pilot cars get held as "evidence", at a cost of $200 a day. The officers delay processing you so you miss the next arraignment, causing you to sit in jail for 2-5 days. The magistrate sides with the LEO and issues summary judgment, or worse dismisses the ticket but upholds the obstruction charge and now you look like a whiney batch in front of the real judge.
Or you sign the ticket, hire the lawyer and let the lawyer deal with the accident.
I'm all in on fighting, just have to do it the right way.singlescrewshaker, D.Tibbitt, Arctic_fox and 4 others Thank this. -
Many moons ago in a small town my then girlfriend got rear-ended by a local cop. You know the type of cop that follows so close trying to make you nervous so he can write you up for something and see if your drinking or smoking pot,, basic traditional harassment type Stuff!
Anyway being my car she was driving and having witnesses to his tailgating us from the otherside of town I argued with him, his chief and demanded a state trooper be called to investigate. After several attempts at trying to intimidate me and threatening me with arrest they finally called the staties in.
My uncle was one of the responding officers and he ensured the town cop got a ticket. My guess is the magistrate made sure he never had to pay it but at least it was issued.
Still to this day never got any money for my bumper!singlescrewshaker and Jubal Early Times Thank this. -
I just watched the video. Tow operator 100% at fault.
scottied67 and Flat Earth Trucker Thank this. -
i watched enough Perry Mason, Matlock, LA Law to know the laws in all 50 US states and all US possessions.singlescrewshaker, Flat Earth Trucker and PaulMinternational Thank this. -
Flat Earth Trucker and buddyd157 Thank this.
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Locking the steering is a priority as is supporting the air bags when rear towing.
Releasing the brakes and preventing the transmission from turning is the priority when front towing.
Control is the most important thing as with any transportation service.singlescrewshaker, D.Tibbitt and TripleSix Thank this. -
Sadly, there's a trend lately of heavy tow operators causing damage and not taking responsibility, passing the buck. We had a truck towed a couple months back, the way the hung the lights off the grill scratched the heck out of it, boss noticed it next morning, even in low light it was obvious. Tow operator tried to say our driver must have hit something, it was the top third of the grill, tow company owner came down and looked at it, they rehung the light unit and it was obvious that it was swaying/hitting the grill from wind buffeting it. If they would have mounted it lower and used bungees or something to help hold it in place, and maybe rag or carpet behind it, no damage would have been done.
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