Im with alot of others in reference to obtaining an attorney to go to bat for you. When you are feeling up to it, go to the intersection and make sure you werent in a non-turning lane, check for skid mark ect... If you were all legal, the police are fuked and its payday for you. Hire an old mean SOB to represent you and stay the course if you decide to do it. Glad youre ok and good luck.

 

KidCr3nshaw...must be a GOOD cop or have a GOOD copper in his family tree.

If the LAW never ran into you or someone you knew the wrong way...Congrats!

Some Ideals/Laws are adapted from both Philosophers AND Britons
(Hence the US almost always consulted the Brits with foreign (takeover)policies).

 

No need to say anything about KidCrenshaw or whatever his screen name is (shows ya how much I care), it represents himself well with the "kid" in it.

I live right near where this happened. Auburn motor patrol are egotistical, and border on the same principles as what is happening with the seneca county sheriff's department. Jsmith will know this if he reads the news a little more (not insinuating he doesn't).

 

I'm not siding with the police, in fact, quite the opposite.

What I am saying, is that the OP is far from screwed. No amount of report writing/altering/fabrication can change what happened. I would also encourage him to find legal representation.

What I am saying is ridiculous is the fact that in one breath some dude says, "you're f**ked, and there's nothing youc an do about it." In the very next breath he says to hire an attorney. I'm simply pointing out that if he is indeed perma-screwed... what the hell can a lawyer do for him? You see what I'm getting at?

The guy will be taken care of. I just don't see any reason for people to freak the guy out by convincing him he's going to get screwed (when he certainly won't). The guy has been through enough already, I think it's nonsense to fill his head with ridiculous "possibilities."

 

...yeah, but it'd be nice to know what could POSSIBLY happen in a worse-case scenario. I'd be thinking this:

Don't worry, everything should work out okay. It's a governmental department that has state-provided insurance and since it wasa rear-end collission, the accident has a clear person at-fault. BUT if I get screwed I wouldn't be surprised.

Good luck again.

 

FLYOU....as having GRADUATED law school and awaiting my bar results....PLEASE PLEASE PLEASE stop spouting your "taken a few law classes" thing....you have done it twice now if i am not mistaken...you obviously don't remember much or had a bad prof....

sovereign immunity does not apply like that....sovereign immunity deals with being able to sue the gov't being local or federal....and yes some gov't functions like hospitals, etc. have immunity but is primarily by statute which has exceptions for negligence....

cops do not have sovereign immunity for torts of the individual officers....you obviously have never read cases about cops hitting cars EVEN WITH LIGHTS ON....they are under a certain duty of care even though they are given some liberties...oh geez...the cases i could tell you about...

and quickly...there are laws that are very old....but they are not codified laws...they are based on the English Common law....torts and the like are not actually codified but rather things like the restatements of torts, contracts, etc....help define those....the US court system works on precedence meaning that the lower courts must follow the decisions of the higher courts and the courts using previous decisions to help determine the outcome of the current case...that is why as a lawyer you do case research to support your argument....ehhh....i don't want to give a law lesson....but seriously....

for all of you who have taken "a few law classes"....don't make comments in open forums like this where someone is likely to be an attorney....it's just not wise....even worse, you could be giving completely errant advice....you can offer an opinion so long as you preface it that way...but don't make assertions as that you KNOW whatever you asserting is correct....because in all likelihood...and no offense...you're probably wrong....that is why it takes 3 years of full-time schooling to be a lawyer and not just a "few classes" in undergrad...

take care...

 

well i got my bike back today and here are some pics













i was going to wait till winter to paint the nose and tail. guess i dont have to wait now. and i do oil the chain and know that my rims are very dirty

 

it dose run, but i dont think i will be riding for a while. im out of work for at least one more week, cant realy walk it still hurts a lot.

 

Wouldn't shock me.

 

jsmith, have you gotten that lawyer yet? If it's not ok to discuss whether or not you've retained one, you don't need to answer. That seems like a good amount of damage that you should make them pay for.