OT Need a darn good lawyer!, Had an accident with State Trooper! Options

[majkos]

**Newflash!** Hey all I need some info. on a darn good lawyer.In Denver.It seems I had a slight run in with the State trooper on this dark and snowy highway.S.O.B was behind an unmark car(2 of 'em)
As I was approaching the cars,seems like normal cars,I've start to notice a little flashing of red and blue lights AHEAD of car I was behind(And a safe driving distance)I let up on accelerater, start to slow down,Than*BAM!*The car ahead of me STOPPED,on the left side of highway,I did everything I could to try to stop!(One thousand one,one th....)I smash into him,and then smash him into the car in front of him! Get this! Second car, DID NOT HAVE WARNING LIGHTS "ON"! So long story short,I'm and my passenger are ok,we wearing seatbelts.The car I ran into,driver wassent to the hospital,Back sore.The second car infront of him,suffered a nasty gash across forehead and under R. eye.My truck? The BIG bumper protected most of the front,'cept crinkle hood and took out left front light.The rad. was fine .we stayed in the truck for about 2 hrs,staying warm!Because I ran into a cop,they impounded my beast to check for mech. failure.Too bad I've just bought new tires for my dually,and earlier,put on new rotors and pads. So now am getting ready for the long process with the insurance.Hopefully they can come up with a lawyer too.Sorry for the long unrelated topic.Will everybody feel better,if they know now I'm down to my street legal,track car? It's cold out,AND I DON'T HAVE HEAT!(Headers)I hope everybody had a much nicer Easter than mine.

[rick 918-S]

I had an old retired attorney friend that used to do defense work for drunk drivers and petty criminals. He told me once that 99.9% of all his clients talked themselves into trouble. First thing, Say nothing! Say nothing to the officers at the scene, Don't give any statements to the other insurance company. Tell your insurance company what happened as you are required to do. But in some cases not before speaking to an attorney. (A good Attorney!) This isn't nessary in most cases but if I rearended a patrol car while they were in the line of their duties. I'd become mute!

MHO! As a induvidual with the right to share what I've leaned in life from people who know, after hours and not on company time!

[majkos]

A little late for that advise.I was quite upset, (IMG:style_emoticons/default/ohmy.gif) how a patrol car, in the left lane of a busy highway could just stop.w/o any warning! (NO FLASHING LIGHTS!) (IMG:style_emoticons/default/mad.gif) If I havn't notice flashing lights ahead of the car in front,I'm sure the injury would 've been worst. (IMG:style_emoticons/default/sad.gif)

[morph]

Sorry to hear of your misfortune.

[Scott S]

Unfotunately it is my understanding that no matter if it was a patrol car, a stopped car, a kid on a bike, they are always going to look at the fact that you were unable to stop in time - which leads themm to go after you on the "following to close for conditions" claus. Your only real hope is if the person infront of you had non functioning tail/brake lights that caused them to be invisible due to the weather conditions, making it so you could not see them until it was to late.
That is going to be a really tough fight, especially here in CO where the tail gating topic seems to be a hot button.
Good Luck!

[anthony]

What he said. While you'd never expect someone to stop on the left side of the road, it could happen. If you can't stop in time for anything then you are the guilty party. Just turn it in to your insurance and move on. Forget involving lawyers.

[morph]

I know here in oregon that if you "rear end" someone that you will always be at fault due to the resons stated by Scott S. I did this a couple of weeks ago and I was still at fault because I was following too closely. My aunt was in a local mall parking garage when a lady backed into her after seeing an available space and the insurance co. decided that It was my aunts fault because the lady and her insurance lied and said my aunt "rear ended" her.

Did you get any tickets? The police here are very ticket happy when you get into an accident.

[aircooledboy]

I am a criminal / traffic defense attorney, but not in Colorado. Hyeva, I just wanted to pipe up to say the advice to not see an atty, but just take your lumps was probably a bad idea. Here in Illinois, the fact that there were injuries to a police officer could result in your license getting jammed up if not handled properly. (IMG:style_emoticons/default/ohmy.gif) You better at least get some advice before you make a move. I'd love to help you out, but by the time I took the Colorado bar and got sworn in, it might take too long. (IMG:style_emoticons/default/beer.gif)

Good luck

[majkos]

Yes I did get a ticket.And yes,Scott is right.My only complaint was ,why didn't the State trooper have his flashing lights on.I KNOW for a fact,if the State Trooper had his lights on,I've would have been driving in a good timely matter,thus would have stopped properly.And wouldn't have to go through this inconvenientcy.While sitting at the State Trooper office, awaiting what's next. The Officer in charge doing paper work.One of the other officer involve statement was lying right there ,easy to read,stated they "both" had their lights on! Got me fuming and decided to keep my mouth shut till I get a lawyer. No way I'm going to take credit for their failure, and them creating a hazard at the sake of public safety.I'm a dam good driver,was observing what kind of vehicle was ahead of me,when I started to notice "little" flashing lights ahead of us. Because they were little, I was assuming it was at some distance ahead of us and started to slow down.Before I know it, the car in front of me stopped and I was already braking(Dam ABS!) slid right into them.My point is thoses "Little " lights were in the back window of a unmark car,(Which was ahead of car in front of me) I was seeing, was again, a little distance ahead of the car in front of me,was in a way "Blocked" therefore I really couldn't see them or be able to judge correctly what was happening. I was checking out the vehicle ahead of me, what kind of racks it had on top of the car? Just kinda was thinking,what is it? Point, I'm trying to say, I had time to see if the car was indeed a State Trooper,didn't notice till a split second before I hit him.Again,my point is,If He had lights on,nobody would have been hurt.Their mistake for causing a hazard on a busy snowy highway.Sorry for ranting on and on.

[vortrex]

can't see you winning a rear end collision case, cops or not.

[davep]

I don't think you have much of a chance simply because the cops will do anything to put the blame entirely on you.
As stated previously, a rear ender is pretty much a lost cause in most cases.
Are you saying the car you rear-ended never had its brake lights on to give you any warning it was stopping?
Coasting to a stop without using the brakes, especially under poor conditions, and most especially when you know there is someone close behind you, is a very bad thing to do. The car in front of you may possibly be in violation of failing to signal.

[majkos]

You are correct to say I was in the wrong when involve in a rear ender. My point was and is,if you're going to stop,you should have turn on flashing lights,indicating you're up to something and am warning the public you're about to do your job.Like we pull over when flashing lights comes up behind us.Yes,his brake lights came on,when he came to almost a complete stop,thus no chance of warning,he's stopping! Personally I think the two officers were in contacts with each other,one in front tells the other he's stopping,....HERE!No chance for the other officer to give any warning he's stopping also.I mean I had to be going awfully fast to take on two cars. Another issue.The car I've totalled,still didn't have flashing lights on,shouldn't it be flashing the whole time? after the impact? My issue is they simply neglected safety routine.Safety!

[vortrex]

I don't understand your point. if these weren't cop cars with flashing light capability, how is the person supposed to signal to you they are stopping? are they supposed to put on their hazards for you?

from some law site..

"If someone hits you from behind, he is likely to be found at fault, regardless of why you stopped. A basic rule of the road requires a vehicle to be able to stop safely if traffic is stopped ahead of it. If he or she cannot stop safely, the driver is not driving as safely as the person in front."

notice the KEY phrase "regardless of why you stopped".

[dmenche914]

unless there was brake light failure on car you hit, it will be considered your fault, and even failure of brake lights is not an automatic pass. law states you must be able to stop in time. It wasn't like a car or object jumped from the side into your path, the car you were following was in front of you for some time, and he slowed and/or stopped. Maybe he was tailpgating the cops, and that is why he panic stopped (are you sure he didn't hit the cop car before you hit him????, that might change the liability some)

As always, do not get too close for the speed and road conditions, and give even more space if the guy infront is tailgating the guy in front of him, else chain reactions can result.

The important thing is it appears no one was super badly injured, and that is what really counts. i have been rear ended three times over the years, all requiring lenghty recovery, and one surgury. I make sure i always leave plenty of room, cause i never know what the other guy might do. i always wear my seatbelt.

good luck, hope that it dosen't cost you too much.

dave

[majkos]

I'm sorry I'm misleading everyone. My point is,"They" were driving SB looking for an accident on NB side.(I 've read a statment of what the officers were doing)So if they were looking for the accident site,shouldn't have they (Both) have their warning/flashing lights on? That was my only point,should have had their lights on! Also,I forget to mention ,it was very nasty blowing heavy snow condictions,another reasons to have their lights on. So granted I'm at fault for rear ending them,but....! Just recieved a phone call from them,they're releasing my truck,find no faults in the mechanical system,(brakes)

[davep]

Yes, they should have had either their flashing lighs on or their hazard lights on. If for any reason at all they were going much slower than the speed limit they should be signalling via their lights that they were doing so. Brake lights are on a car for the purpose of signalling to following drivers that the car is executing a stopping action. Signal lights are there to warn of intended or actual action of the driver. If you were rapidly overtaking the cars in front, and conditions were such that gaging their actions was difficult, and they were not properly signalling their actions, then you may be found to be not entirely at fault.

This is not to say that you are not at fault, only that they must bear some of the responsibility.

Good luck.

[majkos]

Exactly ! It was partial their fault. I just wished they've acted accordingly. Now my insurance will go up,State Troopers get new cars, and life goes on.

[majkos]

Oh! (IMG:style_emoticons/default/ohmy.gif) BTW I'm still fighting them in court,and the facts,in their statement,they said,they both had theirs lights on. A lie I won't take lying down. (IMG:style_emoticons/default/ar15.gif) (IMG:style_emoticons/default/fighting19.gif)

[aircooledboy]

I always get a kick out of folks who have no legal training whatsoever, but will give advice based on what they read once, or heard from their neighbor's cousin's uncle about what happened to a friend of their friend. There is a reason why it takes 7 years of college to become a lawyer (or 9 in my case (IMG:style_emoticons/default/beer3.gif) )

Trust me (don't ya love it when lawyers say that), I do this shit 13 hours a day for about 800 clients a year. While the fact that the troopers did not have their emergency lights on probably does not provide a legal defense, a good lawyer may be able to use that as leverage in combination details he learns from you WHEN YOU GO TALK TO ONE. (IMG:style_emoticons/default/chair.gif)

The accident makes this a complex situation, and the trooper knows he screwed the pooch. That's exactly why he is adding the specific bullshit fact that he had his lights on. There are concerns here other than a violation of the vehicle code. I routinely go back into court and get the fuck-ups of "general practice" lawyers straightened out because this is the type of law that I practice. I know the system, and I know what does and doesn't matter to the prosecutors. You should find yourself an attorney that does criminal/traffic law all day, everyday, and talk to him. The initial consultation normally won't cost you a cent.

Or, you can go to court by yourself and get steamrolled by the state, who will DEFINITELY have an atty and it will be one that does this stuff all day, everyday. (IMG:style_emoticons/default/spank.gif)

[vortrex]

yeah, go throw money at a lawyer AND lose your case too! (IMG:style_emoticons/default/laugh.gif)